Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) of the Repurchase Notice specified in Section 3.06, the holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawn) thereafter be entitled to receive solely the Repurchase Price with respect to such Note. Such Repurchase Price shall be paid to such holder, subject to receipt of funds and/or Notes by the Trustee (or other paying agent appointed by the Company), promptly following the later of (x) the Repurchase Date with respect to such Note (provided the holder has satisfied the conditions in Section 3.06) and (y) the time of delivery of such Note to the Trustee (or other paying agent appointed by the Company) by the holder thereof in the manner required by Section 3.06. Notes in respect of which a Repurchase Notice has been given by the holder thereof may not be converted pursuant to Article 15 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice at any time prior to the close of business on the Repurchase Date, specifying: (a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note, (b) the principal amount of the Note with respect to which such notice of withdrawal is being submitted, and (c) the principal amount, if any, of such Note which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase by the Company.
Appears in 3 contracts
Sources: Indenture (On Semiconductor Corp), Indenture (On Semiconductor Corp), Indenture (Amdocs LTD)
Effect of Repurchase Notice. (a) Upon receipt by the Trustee (or other paying agent appointed by the Company) Paying Agent of the Repurchase Notice specified in Section 3.063.01(b), the holder Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in this Section 3.02) thereafter be entitled to receive solely the Fundamental Change Repurchase Price with respect to such Note. Such Fundamental Change Repurchase Price shall be paid to such holderHolder, subject to receipt of funds and/or Notes by the Trustee (Paying Agent, on or other paying agent appointed by the Company), promptly following prior to the later of (x) the Fundamental Change Repurchase Date Date, with respect to such Note (provided the holder has satisfied the conditions in Section 3.063.01(b) have been satisfied) and (y) the time of delivery of such Note to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.063.01(b). Notes in respect of which a Repurchase Notice has been given by the holder Holder thereof may not be converted pursuant to Article 15 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. withdrawn as specified in this Section 3.02.
(b) A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice Paying Agent at any time prior to the close Close of business Business on the Repurchase Fundamental Change Election Date, specifying. Such notice of withdrawal shall state:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(bi) the principal amount being withdrawn;
(ii) if Certificated Notes are to be withdrawn, the certificate numbers of the Note Notes being withdrawn (or, if Global Notes or a portion thereof are to be withdrawn, that such Holder has complied with the Applicable Procedures in respect of the withdrawal of such Holder’s election to which such notice exercise its repurchase rights pursuant to Section 3.01 of withdrawal is being submitted, andthis Indenture);
(ciii) the principal amount, if any, of such Note which remains the Notes that remain subject to a Repurchase Notice; and
(iv) that such Holder has contemporaneously delivered a Conversion Notice to the original Repurchase Notice and which has been or will be delivered for repurchase by the CompanyConversion Agent in accordance with Section 10.02 with respect to such withdrawn Notes.
Appears in 2 contracts
Sources: Indenture (Cadiz Inc), Indenture (Cadiz Inc)
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) of the Repurchase Notice specified in Section 3.06, the holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawn) thereafter be entitled to receive solely the Repurchase Price repurchase price with respect to such Note. Such Repurchase Price repurchase price shall be paid to such holder, subject to receipt of funds and/or Notes by the Trustee (or other paying agent appointed by the Company), promptly following the later of (x) the Repurchase Date with respect to such Note (provided the holder has satisfied the conditions in Section 3.06) and (y) the time of delivery of such Note to the Trustee (or other paying agent appointed by the Company) by the holder thereof in the manner required by Section 3.06. Notes in respect of which a Repurchase Notice has been given by the holder thereof may not be converted pursuant to Article 15 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice at any time prior to the close of business on the Business Day immediately preceding the Repurchase Date, specifying:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(b) the principal amount of the Note with respect to which such notice of withdrawal is being submitted, and
(c) the principal amount, if any, of such Note which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase by the Company.
Appears in 2 contracts
Sources: Indenture (Headwaters Inc), Indenture (Headwaters Inc)
Effect of Repurchase Notice. (a) Upon receipt by the Trustee (or other paying agent Paying Agent appointed by the CompanyIssuer) of the Repurchase Notice specified in Section 3.06505(c) hereof, the holder Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawn) thereafter be entitled to receive solely the purchase price and accrued and unpaid interest up to, but excluding, the relevant Repurchase Price Date, with respect to such Note. Such Repurchase Price purchase price shall be paid to such holderHolder, subject to receipt of funds and/or Notes by the Trustee at its Corporate Trust Office in New York City (or other paying agent Paying Agent appointed by the CompanyIssuer), promptly following the later of (x) the Repurchase Date with respect to such Note (provided the holder Holder has satisfied the conditions in Section 3.06505) and (y) the time of delivery of such Note to the Trustee (or other paying agent Paying Agent appointed by the CompanyIssuer) by the holder Holder thereof in the manner required by Section 3.06505. Notes in respect of which a Repurchase Notice has been given by the holder Holder thereof may not be converted pursuant to Article 15 Four hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. .
(b) A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office Corporate Trust Office of the Trustee in New York City (or other paying agent Paying Agent appointed by the CompanyIssuer) in accordance with the Repurchase Notice at any time prior to the close of business on the second Business Day immediately preceding the Repurchase Date, specifying:
(ai) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(bii) the principal amount of the Note with respect to which such notice of withdrawal is being submitted, which must be $1,000 or an integral multiple of $1,000; provided that no Note of a principal amount of less than $100,000 shall be required to be repurchased in part, and
(ciii) the principal amount, if any, of such Note which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase by the CompanyNotice.
Appears in 2 contracts
Sources: First Supplemental Indenture (Qimonda Finance LLC), First Supplemental Indenture (Qimonda Finance LLC)
Effect of Repurchase Notice. (a) Upon receipt by the Trustee (or other paying agent appointed by the Company) Paying Agent of the Repurchase Notice specified in Section 3.063.01(c), the holder Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in this Section 3.02) thereafter be entitled to receive solely the Fundamental Change Repurchase Price and, if applicable, any accrued and unpaid interest (including Additional Interest, if any) to but not including the Fundamental Change Repurchase Date, with respect to such Note. Such Fundamental Change Repurchase Price shall be paid to such holderHolder, subject to receipt of funds and/or Notes by the Trustee (Paying Agent, on or other paying agent appointed by the Company), promptly following prior to the later of (x) the Fundamental Change Repurchase Date Date, with respect to such Note (provided the holder has satisfied the conditions in Section 3.063.01(c) have been satisfied) and (y) the time of delivery of such Note to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.063.01(c). Notes in respect of which a Repurchase Notice has been given by the holder Holder thereof may not be converted pursuant to Article 15 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. withdrawn as specified in this Section 3.02.
(b) A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice Paying Agent at any time prior to the close Close of business Business on the Business Day immediately preceding the Fundamental Change Repurchase Date, specifying. Such notice of withdrawal shall state:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(bi) the principal amount being withdrawn;
(ii) if Certificated Notes are to be withdrawn, the certificate numbers of the Note Notes being withdrawn (or, if Global Notes or a portion thereof are to be withdrawn, that such Holder has complied with the Applicable Procedures in respect of the withdrawal of such Holder’s election to which such notice exercise its repurchase rights pursuant to Section 3.01 of withdrawal is being submitted, this Indenture); and
(ciii) the principal amount, if any, of such Note which remains the Notes that remain subject to the original a Repurchase Notice and which has been or will be delivered for repurchase by the CompanyNotice.
Appears in 2 contracts
Sources: Indenture (Callaway Golf Co), Indenture (Callaway Golf Co)
Effect of Repurchase Notice. (a) Upon receipt by the Trustee (or other paying agent appointed by the Company) Paying Agent of the Fundamental Change Repurchase Notice specified in Section 3.063.01(c) or the Optional Repurchase Notice specified in Section 3.02(c) (each of the foregoing, a “Repurchase Notice”), the holder Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in this Section 3.03) thereafter be entitled to receive solely the Fundamental Change Repurchase Price or Optional Repurchase Price (each of the foregoing, a “Repurchase Price”), as applicable, and any accrued and unpaid interest (including any Additional Interest) to but not including the Fundamental Change Repurchase Date or Optional Repurchase Date (each of the foregoing, a “Repurchase Date”), as applicable, with respect to such Note. Such Repurchase Price shall be paid to such holderHolder, subject to receipt of funds and/or Notes by the Trustee (Paying Agent, on or other paying agent appointed by the Company), promptly following prior to the later of (x) the Repurchase Date with respect to such Note (provided the holder has satisfied the conditions in Section 3.063.01(c) or Section 3.02(c), as applicable, have been satisfied) and (y) the time of delivery of such Note to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.063.01(c) or Section 3.02(c), as applicable. Notes in respect of which a Repurchase Notice has been given by the holder Holder thereof may not be converted pursuant to Article 15 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. withdrawn as specified in this Section 3.03.
(b) A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice Paying Agent at any time prior to the close Close of business Business on the Business Day immediately preceding the Repurchase Date. If a Repurchase Notice is withdrawn, specifyingthe Company will not be obligated to repurchase such Notes listed in the Repurchase Notice. Such notice of withdrawal shall state:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(bi) the principal amount being withdrawn;
(ii) if Certificated Notes are to be withdrawn, the certificate numbers of the Note Notes being withdrawn (or, if Global Notes or a portion thereof are to be withdrawn, such Holder’s notice must comply with respect to which such notice of withdrawal is being submitted, andthe Applicable Procedures);
(ciii) the principal amount, if any, of such Note which remains the Notes that remain subject to the original a Repurchase Notice and Notice, which has been must be $1,000 or will be delivered for repurchase by the Companywhole multiples thereof.
Appears in 2 contracts
Sources: Indenture (Micron Technology Inc), Indenture (Micron Technology Inc)
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) of the Repurchase Notice specified in Section 3.06, the holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawn) thereafter be entitled to receive solely the Repurchase Price purchase price with respect to such Note. Such Repurchase Price purchase price shall be paid to such holder, subject to receipt of funds and/or Notes by the Trustee at its Corporate Trust Office (or other the office of another paying agent appointed by the Company), promptly following the later of (x) the Repurchase Date with respect to such Note (provided the holder has satisfied the conditions in Section 3.06) and (y) the time of delivery of such Note to the Trustee (or other paying agent appointed by the Company) by the holder thereof in the manner required by Section 3.06. Notes in respect of which a Repurchase Notice has been given by the holder thereof may not be converted pursuant to Article 15 14 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the Trustee at its Corporate Trust Office (or the office of the Trustee (or other another paying agent appointed by the Company) in accordance with the Repurchase Notice at any time prior to the close of business on the Repurchase Date, specifying:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(b) the principal amount of the Note with respect to which such notice of withdrawal is being submitted, and
(c) the principal amount, if any, of such Note which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase purchase by the Company.
Appears in 2 contracts
Sources: Indenture (Nii Holdings Inc), Indenture (Agco Corp /De)
Effect of Repurchase Notice. (a) Upon receipt by the Trustee (or other paying agent appointed by the Company) Paying Agent of the Repurchase Notice specified in Section 3.063.01(c), the holder Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in this Section 3.02) thereafter be entitled to receive solely the Repurchase Price and any accrued and unpaid interest, with respect to such Note. Such Repurchase Price shall be paid to such holderHolder, subject to receipt of funds and/or Notes by the Trustee (Paying Agent, on or other paying agent appointed by the Company), promptly following prior to the later of (x) the Repurchase Date Date, with respect to such Note (provided the holder has satisfied the conditions in Section 3.063.01(c) have been satisfied) and (y) the time of delivery of such Note to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.063.01(c). Notes in respect of which a Repurchase Notice has been given by the holder Holder thereof may not be converted pursuant to Article 15 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. withdrawn as specified in this Section 3.02.
(b) A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice Paying Agent at any time prior to the close Close of business Business on the Business Day immediately preceding the Repurchase Date, specifying. Such notice of withdrawal shall state:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(bi) the principal amount being withdrawn;
(ii) if Certificated Notes are to be withdrawn, the certificate numbers of the Note Notes being withdrawn (or, if Global Notes or a portion thereof are to be withdrawn, such Holder’s notice must comply with respect to which such notice of withdrawal is being submitted, andthe Applicable Procedures);
(ciii) the principal amount, if any, of such Note which remains the Notes that remain subject to the original a Repurchase Notice and which has been or will be delivered for repurchase by the CompanyNotice.
Appears in 2 contracts
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) Paying Agent of the Repurchase Notice specified in Section 3.063.08(a)(iii), the holder Holder of the Note Security in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in the following paragraph) thereafter be entitled to receive solely the Repurchase Price with respect to such NoteSecurity. Such Repurchase Price shall be paid to such holder, subject to receipt of funds and/or Notes by the Trustee (or other paying agent appointed by the Company), promptly following Holder on the later of (x1) the Repurchase Date with respect to such Note Security (provided the holder has satisfied the conditions in Section 3.063.08(a)(iii) have been satisfied) and (y2) the time of book-entry transfer or delivery of such Note Security to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.063.08(a)(iii). Notes Securities in respect of which a Repurchase Notice has been given by the holder Holder thereof may not be converted pursuant to Article 15 hereof X on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawnwithdrawn as specified in the following paragraph. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) Paying Agent in accordance with the Repurchase Notice at any time prior to 5:00 p.m., New York City time, on the close of business on Business Day immediately preceding the Repurchase Date, specifying:
(ai) the Holder’s name and an election to withdraw such Repurchase Notice;
(ii) the certificate numbernumber (if in certificated form) or the appropriate Depositary procedures, if anyapplicable, of the Note Security in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,;
(biii) the principal amount of the Note Security (which must be in an integral multiple of $1,000 principal amount) with respect to which such notice of withdrawal is being submitted, ; and
(civ) the principal amount (which must be in an integral multiple of $1,000 principal amount), if any, of such Note Security which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase by the Company.
Appears in 1 contract
Sources: Indenture (Arris Group Inc)
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) Paying Agent of the Repurchase Notice specified in Section 3.063.08, the holder Holder of the Note Security in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawn) thereafter be entitled to receive solely the Repurchase Price with respect to such NoteSecurity. Such Repurchase Price shall be paid to such holderHolder, subject to receipt of funds and/or Notes Securities by the Trustee (or other paying agent appointed by the Company)Paying Agent, promptly following the later of (x) the Repurchase Date with respect to such Note (provided the holder Holder has satisfied the conditions in Section 3.063.08) and (y) the time of delivery of such Note Security to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.063.08. Notes Securities in respect of which a Repurchase Notice has been given by the holder Holder thereof may not be converted pursuant to Article 15 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) Paying Agent in accordance with the Repurchase Notice at any time prior to the close of business on the Repurchase Date, specifying:
(a1) the certificate number, if any, of the Note Security in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note Security in respect of which such notice of withdrawal is being submitted is represented by a Global NoteSecurity,
(b2) the principal amount Principal Amount of the Note Security with respect to which such notice of withdrawal is being submitted, and
(c3) the principal amountPrincipal Amount, if any, of such Note Security which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase purchase by the Company. A written notice of withdrawal of a Repurchase Notice may be in the form set forth in the preceding paragraph or may be in the form of a conditional withdrawal contained in a Repurchase Notice pursuant to the terms of Section 3.08(a)(1)(D).
Appears in 1 contract
Sources: Indenture (Apex Silver Mines LTD)
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) Paying Agent of the Repurchase Notice specified in Section 3.060, the holder Holder of the Note Security in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in the following paragraph) thereafter be entitled to receive solely the Repurchase Price with respect to such NoteSecurity. Such Repurchase Price shall be paid to such holderHolder, subject to receipt of funds and/or Notes Cash by the Trustee (or other paying agent appointed by the Company)Paying Agent, promptly following on the later of (x1) the Repurchase Date with respect to such Note Security (provided the holder has satisfied the conditions in Section 3.060 have been satisfied) and (y2) the time of book-entry transfer or delivery of such Note Security to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.060. Notes Securities in respect of which a Repurchase Notice has been given by the holder Holder thereof may not be converted pursuant to Article 15 hereof 0 on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawnwithdrawn as specified in the following paragraph. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) Paying Agent in accordance with the Repurchase Notice at any time prior to 5:00 p.m., New York City time, on the close of business on Business Day immediately preceding the Repurchase Date, specifying:
(ai) the Holder’s name and an election to withdraw such Repurchase Notice;
(ii) the certificate numbernumber (if in certificated form) or the appropriate Depositary procedures, if anyapplicable, of the Note Security in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,;
(biii) the principal amount Original Principal Amount of the Note Security (which must be in an integral multiple of $1,000 Original Principal Amount) with respect to which such notice of withdrawal is being submitted, ; and
(civ) the principal amountOriginal Principal Amount (which must be in an integral multiple of $1,000 Original Principal Amount), if any, of such Note Security which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase by the Company.
Appears in 1 contract
Sources: Indenture (Arvinmeritor Inc)
Effect of Repurchase Notice. (a) Upon receipt by the Trustee (or other paying agent appointed by the Company) Paying Agent of the Fundamental Change Repurchase Notice specified in Section 3.063.01(c) or the ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Notice specified in Section 3.02(c) (each of the foregoing, a “Repurchase Notice”), the holder Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in this Section 3.03) thereafter be entitled to receive solely the Fundamental Change Repurchase Price or 2020 Repurchase Price (each of the foregoing, a “Repurchase Price”), as applicable, and any accrued and unpaid interest (including any Additional Interest) to but not including the Fundamental Change Repurchase Date or 2020 Repurchase Date (each of the foregoing, a “Repurchase Date”), as applicable, with respect to such Note. Such Repurchase Price shall be paid to such holderHolder, subject to receipt of funds and/or Notes by the Trustee (Paying Agent, on or other paying agent appointed by the Company), promptly following prior to the later of (x) the Repurchase Date with respect to such Note (provided the holder has satisfied the conditions in Section 3.063.01(c) or Section 3.02(c), as applicable, have been satisfied) and (y) the time of delivery of such Note to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.063.01(c) or Section 3.02(c), as applicable. Notes in respect of which a Repurchase Notice has been given by the holder Holder thereof may not be converted pursuant to Article 15 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. withdrawn as specified in this Section 3.03.
(b) A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice Paying Agent at any time prior to the close Close of business Business on the Business Day immediately preceding the Repurchase Date. If a Repurchase Notice is withdrawn, specifyingthe Company will not be obligated to repurchase such Notes listed in the Repurchase Notice. Such notice of withdrawal shall state:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(bi) the principal amount being withdrawn;
(ii) if Certificated Notes are to be withdrawn, the certificate numbers of the Note Notes being withdrawn (or, if Global Notes or a portion thereof are to be withdrawn, such Holder’s notice must comply with respect to which such notice of withdrawal is being submitted, andthe Applicable Procedures);
(ciii) the principal amount, if any, of such Note which remains the Notes that remain subject to the original a Repurchase Notice and Notice, which has been must be $1,000 or will be delivered for repurchase by the Companywhole multiples thereof.
Appears in 1 contract
Sources: Indenture (Micron Technology Inc)
Effect of Repurchase Notice. (a) Upon receipt by the Trustee (or other paying agent appointed by the Company) Paying Agent of the Fundamental Change Repurchase Notice specified in Section 3.063.01(c) or the ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Notice specified in Section 3.02(c) (each of the foregoing, a “Repurchase Notice”), the holder Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in this Section 3.03) thereafter be entitled to receive solely the Fundamental Change Repurchase Price or 2018 Repurchase Price (each of the foregoing, a “Repurchase Price”), as applicable, and any accrued and unpaid interest (including any Additional Interest) to but not including the Fundamental Change Repurchase Date or 2018 Repurchase Date (each of the foregoing, a “Repurchase Date”), as applicable, with respect to such Note. Such Repurchase Price shall be paid to such holderHolder, subject to receipt of funds and/or Notes by the Trustee (Paying Agent, on or other paying agent appointed by the Company), promptly following prior to the later of (x) the Repurchase Date with respect to such Note (provided the holder has satisfied the conditions in Section 3.063.01(c) or Section 3.02(c), as applicable, have been satisfied) and (y) the time of delivery of such Note to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.063.01(c) or Section 3.02(c), as applicable. Notes in respect of which a Repurchase Notice has been given by the holder Holder thereof may not be converted pursuant to Article 15 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. withdrawn as specified in this Section 3.03.
(b) A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice Paying Agent at any time prior to the close Close of business Business on the Business Day immediately preceding the Repurchase Date. If a Repurchase Notice is withdrawn, specifyingthe Company will not be obligated to repurchase such Notes listed in the Repurchase Notice. Such notice of withdrawal shall state:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(bi) the principal amount being withdrawn;
(ii) if Certificated Notes are to be withdrawn, the certificate numbers of the Note Notes being withdrawn (or, if Global Notes or a portion thereof are to be withdrawn, such Holder’s notice must comply with respect to which such notice of withdrawal is being submitted, andthe Applicable Procedures);
(ciii) the principal amount, if any, of such Note which remains the Notes that remain subject to the original a Repurchase Notice and Notice, which has been must be $1,000 or will be delivered for repurchase by the Companywhole multiples thereof.
Appears in 1 contract
Sources: Indenture (Micron Technology Inc)
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by Paying Agent of a Repurchase Notice, the Company) Holder of the Repurchase Notice specified in Section 3.06, the holder of the Note Security in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Repurchase Price Price, together with accrued but unpaid interest (including Additional Interest and Special Interest, if any) thereon, to but not including the Repurchase Date with respect to such NoteSecurity. Such Repurchase Price Price, together with accrued but unpaid interest (including Additional Interest and Special Interest, if any) thereon, to but not including the Repurchase Date shall be paid to such holderHolder, subject to receipt of funds and/or Notes by the Trustee (or other paying agent appointed by the Company)Paying Agent, promptly following the later of (x) the Repurchase Date with respect to such Note Security (provided the holder has satisfied that the conditions in Section 3.0613.1 have been satisfied) and (y) the time of delivery or book-entry transfer of such Note Security to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.0613.1. Notes Securities in respect of which a Repurchase Notice has been given by the holder Holder thereof may not be converted pursuant to Article 15 XII hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawnwithdrawn as specified in the following two paragraphs. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) Paying Agent in accordance with the Repurchase Notice at any time prior to the close of business on the Business Day prior to the Repurchase Date, Date specifying:
(ai) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in Security with respect of to which such notice of withdrawal is being submitted is represented by a Security in definitive form, the certificate number of such Security, or if such Security is a Global Note,Security, the notice must comply with the Applicable Procedures;
(bii) the principal amount of the Note Security with respect to which such notice of withdrawal is being submitted, ; and
(ciii) the principal amount, if any, of such Note Security which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase by the Company. There shall be no repurchase of any Securities pursuant to Section 13.1 if an Event of Default (other than a default in the payment of the Repurchase Price) has occurred prior to, on or after, as the case may be, the giving by the Holders of such Securities of the required Repurchase Notice and such Event of Default is continuing. The Paying Agent will promptly return to the respective Holders thereof any Securities (x) with respect to which a Repurchase Notice has been withdrawn in compliance with this Indenture, or (y) held by it during the continuance of an Event of Default (other than a default in the payment of the Repurchase Price) in which case, upon such return, the Repurchase Notice with respect thereto shall be deemed to have been withdrawn.
Appears in 1 contract
Sources: Indenture (Alesco Financial Inc)
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) of the Repurchase Notice specified in Section 3.06, the holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawn) thereafter be entitled to receive solely the Repurchase Price repurchase price with respect to such Note. Such Repurchase Price repurchase price shall be paid to such holder, subject to receipt of funds and/or Notes by the Trustee (or other paying agent appointed by the Company), promptly following the later of (x) the Repurchase Date with respect to such Note (provided the holder has satisfied the conditions in Section 3.06) and (y) the time of delivery of such Note to the Trustee (or other paying agent appointed by the Company) by the holder thereof in the manner required by Section 3.06. Notes in respect of which a Repurchase Notice has been given by the holder thereof may not be converted pursuant to Article 15 14 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice at any time prior to the close of business on the Business Day immediately preceding the Repurchase Date, specifying:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(b) the principal amount of the Note with respect to which such notice of withdrawal is being submitted, and
(c) the principal amount, if any, of such Note which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase by the Company.
Appears in 1 contract
Sources: Indenture (Headwaters Inc)
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) Paying Agent of the Repurchase Notice specified in Section 3.06Notice, the holder Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Repurchase Price with respect to such Note. Such Repurchase Price shall be paid to such holder, subject to receipt of funds and/or Notes by the Trustee (or other paying agent appointed by the Company), Holder promptly following the later of (x) the Repurchase Date with respect to such Note (provided the holder has satisfied the conditions in Section 3.0613.01 have been satisfied) and (y) the time of book-entry transfer or delivery of such Note to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.0613.01. Notes in respect of which a Repurchase Notice has been given by the holder Holder thereof may not be converted pursuant to Article 15 Twelve hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawnwithdrawn as specified in the following paragraph. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) Paying Agent in accordance with the Repurchase Notice at any time prior to the close of business on the applicable Repurchase Date, Date specifying:
(a1) the certificate number, if any, number of the Note in respect of which such notice of withdrawal is being submitted, submitted or if any of the appropriate Depositary information if Notes is in the Note in respect form of which such notice of withdrawal is being submitted is represented by a Global Note,Security, then a beneficial owner of a Note shall comply with the procedures of the Depositary applicable to the withdrawal of a Repurchase Notice;
(b2) the principal amount Principal Amount of the Note with respect to which such notice of withdrawal is being submitted, ; and
(c3) the principal amountPrincipal Amount, if any, of such Note which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase purchase by the Company. There shall be no purchase of any Notes pursuant to this Article Thirteen if there has occurred (prior to, on or after, as the case may be, the giving, by the Holders of such Notes, of the required Repurchase Notice) and is continuing an Event of Default (other than a default in the payment of the Repurchase Price with respect to the Notes). The Paying Agent will promptly return to the respective Holders thereof any Notes (x) with respect to which a Repurchase Notice has been withdrawn in compliance with this Indenture, or (y) held by it during the continuance of an Event of Default (other than a default in the payment of the Repurchase Price with respect to such Notes) in which case, upon such return, the Repurchase Notice with respect thereto shall be deemed to have been withdrawn.
Appears in 1 contract
Sources: First Supplemental Indenture (Carrizo Oil & Gas Inc)
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) of the Repurchase Notice specified in Section 3.06, the holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawn) thereafter be entitled to receive solely the Repurchase Price purchase price with respect to such Note. Such Repurchase Price purchase price shall be paid to such holder, subject to receipt of funds and/or Notes by the Trustee at its Corporate Trust Office in Wilmington Delaware (or other paying agent appointed by the Company), promptly following the later of (x) the Repurchase Date with respect to such Note (provided the holder has satisfied the conditions in Section 3.06) and (y) the time of delivery of such Note to the Trustee (or other paying agent appointed by the Company) by the holder thereof in the manner required by Section 3.06. Notes in respect of which a Repurchase Notice has been given by the holder thereof may not be converted pursuant to Article 15 14 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office Corporate Trust Office of the Trustee in Wilmington, Delaware (or other paying agent appointed by the Company) in accordance with the Repurchase Notice at any time prior to the close of business on the Repurchase Date, specifying:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(b) the principal amount of the Note with respect to which such notice of withdrawal is being submitted, and
(c) the principal amount, if any, of such Note which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase purchase by the Company.
Appears in 1 contract
Sources: Indenture (Jetblue Airways Corp)
Effect of Repurchase Notice. (a) Upon receipt by the Trustee (or other paying agent appointed by the Company) Paying Agent of the Fundamental Change Repurchase Notice specified in Section 3.063.01(c) or the ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Notice specified in Section 3.02(c) (each of the foregoing, a “Repurchase Notice”), the holder Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in this Section 3.03) thereafter be entitled to receive solely the Fundamental Change Repurchase Price or 2028 Repurchase Price (each of the foregoing, a “Repurchase Price”), as applicable, and any accrued and unpaid interest (including any Additional Interest) to but not including the Fundamental Change Repurchase Date or 2028 Repurchase Date (each of the foregoing, a “Repurchase Date”), as applicable, with respect to such Note. Such Repurchase Price shall be paid to such holderHolder, subject to receipt of funds and/or Notes by the Trustee (Paying Agent, on or other paying agent appointed by the Company), promptly following prior to the later of (x) the Repurchase Date with respect to such Note (provided the holder has satisfied the conditions in Section 3.063.01(c) or Section 3.02(c), as applicable, have been satisfied) and (y) the time of delivery of such Note to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.063.01(c) or Section 3.02(c), as applicable. Notes in respect of which a Repurchase Notice has been given by the holder Holder thereof may not be converted pursuant to Article 15 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. withdrawn as specified in this Section 3.03.
(b) A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice Paying Agent at any time prior to the close Close of business Business on the Business Day immediately preceding the Repurchase Date. If a Repurchase Notice is withdrawn, specifyingthe Company will not be obligated to repurchase such Notes listed in the Repurchase Notice. Such notice of withdrawal shall state:
(ai) the Principal Amount at Maturity being withdrawn;
(ii) if Certificated Notes are to be withdrawn, the certificate numbernumbers of the Notes being withdrawn (or, if Global Notes or a portion thereof are to be withdrawn, such Holder’s notice must comply with the Applicable Procedures);
(iii) the Principal Amount at Maturity, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(b) the principal amount of the Note with respect to which such notice of withdrawal is being submitted, and
(c) the principal amount, if any, of such Note which remains Notes that remain subject to the original a Repurchase Notice and Notice, which has been must be $1,000 or will be delivered for repurchase by the Companywhole multiples thereof.
Appears in 1 contract
Sources: Indenture (Micron Technology Inc)
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) of the Repurchase Notice specified in Section 3.06, the holder of the Note Debenture in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawn) thereafter be entitled to receive solely the Repurchase Price purchase price with respect to such NoteDebenture. Such Repurchase Price purchase price shall be paid to such holder, subject to receipt of funds and/or Notes Debentures by the Trustee (or other paying agent appointed by the Company), promptly following the later of (x) the Repurchase Date with respect to such Note Debenture (provided the holder has satisfied the conditions in Section 3.06) and (y) the time of delivery of such Note Debenture to the Trustee (or other paying agent appointed by the Company) by the holder thereof in the manner required by Section 3.06. Notes Debentures in respect of which a Repurchase Notice has been given by the holder thereof may not be converted pursuant to Article 15 17 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice at any time prior to 5:00 p.m., New York City time, on the close of business on Business Day prior to the Repurchase Date, specifying:
(a) the certificate number, if any, of the Note Debenture in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note Debenture in respect of which such notice of withdrawal is being submitted is represented by a Global NoteDebenture,
(b) the principal amount of the Note Debenture with respect to which such notice of withdrawal is being submitted, and
(c) the principal amount, if any, of such Note which Debenture that remains subject to the original Repurchase Notice and which that has been or will be delivered for repurchase purchase by the Company.
Appears in 1 contract
Sources: Indenture (Gencorp Inc)
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) Paying Agent of the Repurchase Notice specified in Section 3.063.08, the holder Holder of the Note Security in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawn) thereafter be entitled to receive solely the Repurchase Price with respect to such NoteSecurity. Such Repurchase Price shall be paid to such holderHolder, subject to receipt of funds and/or Notes Securities by the Trustee (or other paying agent appointed by the Company)Paying Agent, promptly following the later of (x) the Repurchase Date with respect to such Note (provided the holder Holder has satisfied the conditions in Section 3.063.08) and (y) the time of delivery of such Note Security to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.063.08. Notes Securities in respect of which a Repurchase Notice has been given by the holder Holder thereof may not be converted pursuant to Article 15 X hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice Paying Agent at any time prior to the close of business on the Business Day immediately preceding the Repurchase Date, specifying:
(a1) the certificate number, if any, of the Note Security in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note Security in respect of which such notice of withdrawal is being submitted is represented by a Global NoteSecurity,
(b2) the principal amount he Principal Amount of the Note Security with respect to which such notice of withdrawal is being submitted, and
(c3) the principal amountPrincipal Amount, if any, of such Note Security which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase purchase by the Company. A written notice of withdrawal of a Repurchase Notice may be in the form set forth in the preceding paragraph or may be in the form of a conditional withdrawal contained in a Repurchase Notice pursuant to the terms of Section 3.08(a)(D).
Appears in 1 contract
Sources: Indenture (Expressjet Holdings Inc)
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by Paying Agent of a Repurchase Notice, the Company) Holder of the Repurchase Notice specified in Section 3.06, the holder of the Note Security in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Repurchase Price Price, together with accrued but unpaid interest (including Additional Interest, if any) thereon, to but not including the Repurchase Date with respect to such NoteSecurity. Such Repurchase Price Price, together with accrued but unpaid interest (including Additional Interest, if any) thereon, to but not including the Repurchase Date shall be paid to such holderHolder, subject to receipt of funds and/or Notes by the Trustee (or other paying agent appointed by the Company)Paying Agent, promptly following the later of (x) the Repurchase Date with respect to such Note Security (provided the holder has satisfied that the conditions in Section 3.0613.1 have been satisfied) and (y) the time of delivery or book-entry transfer of such Note Security to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.0613.1. Notes Securities in respect of which a Repurchase Notice has been given by the holder Holder thereof may not be converted pursuant to Article 15 XII hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawnwithdrawn as specified in the following two paragraphs. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) Paying Agent in accordance with the Repurchase Notice at any time prior to the close of business on the Business Day prior to the Repurchase Date, Date specifying:
(ai) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in Security with respect of to which such notice of withdrawal is being submitted is represented by a Security in definitive form, the certificate number of such Security, or if such Security is a Global Note,Security, the notice must comply with the Applicable Procedures;
(bii) the principal amount of the Note Security with respect to which such notice of withdrawal is being submitted, ; and
(ciii) the principal amount, if any, of such Note Security which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase by the Company. There shall be no repurchase of any Securities pursuant to Section 13.1 if an Event of Default (other than a default in the payment of the Repurchase Price) has occurred prior to, on or after, as the case may be, the giving by the Holders of such Securities of the required Repurchase Notice and such Event of Default is continuing. The Paying Agent will promptly return to the respective Holders thereof any Securities (x) with respect to which a Repurchase Notice has been withdrawn in compliance with this Indenture, or (y) held by it during the continuance of an Event of Default (other than a default in the payment of the Repurchase Price) in which case, upon such return, the Repurchase Notice with respect thereto shall be deemed to have been withdrawn.
Appears in 1 contract
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) Paying Agent of the a Repurchase Notice specified in Section 3.06Notice, the holder Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Repurchase Price Price, together with accrued but unpaid interest (including Contingent Interest and Special Interest, if any) thereon, to but not including the Repurchase Date with respect to such Note. Such Repurchase Price Price, together with accrued but unpaid interest (including Contingent Interest and Special Interest, if any) thereon, to but not including the Repurchase Date shall be paid to such holderHolder, subject to receipt of funds and/or Notes by the Trustee (or other paying agent appointed by the Company)Paying Agent, promptly following the later of (x) the Repurchase Date with respect to such Note (provided the holder has satisfied that the conditions in Section 3.069.1 have been satisfied) and (y) the time of delivery or book-entry transfer of such Note to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.069.1. Notes in respect of which a Repurchase Notice has been given by the holder Holder thereof may not be converted pursuant to Article 15 VIII hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawnwithdrawn as specified in the following two paragraphs. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) Paying Agent in accordance with the Repurchase Notice at any time prior to the close of business on the Business Day prior to the Repurchase Date, Date specifying:
(ai) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in with respect of to which such notice of withdrawal is being submitted is represented by a Note in definitive form, the certificate number of such Note, or if such Note is a Global Note,Security, the notice must comply with the Applicable Procedures;
(bii) the principal amount of the Note with respect to which such notice of withdrawal is being submitted, ; and
(ciii) the principal amount, if any, of such Note which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase by the Company. There shall be no repurchase of any Notes pursuant to Section 9.1 if an Event of Default (other than a default in the payment of the Repurchase Price) has occurred prior to, on or after, as the case may be, the giving by the Holders of such Notes of the required Repurchase Notice and such Event of Default is continuing. The Paying Agent will promptly return to the respective Holders thereof any Notes (x) with respect to which a Repurchase Notice has been withdrawn in compliance with this Supplemental Indenture, or (y) held by it during the continuance of an Event of Default (other than a default in the payment of the Repurchase Price) in which case, upon such return, the Repurchase Notice with respect thereto shall be deemed to have been withdrawn.
Appears in 1 contract
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) Paying Agent of the Repurchase Notice specified in Section 3.063.08(A)(iii), the holder Holder of the Note Security in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in the following paragraph) thereafter be entitled to receive solely the Repurchase Price with respect to such NoteSecurity. Such Repurchase Price shall be paid to such holder, subject to receipt of funds and/or Notes by the Trustee (or other paying agent appointed by the Company), promptly following Holder on the later of (x1) the Repurchase Date with respect to such Note Security (provided the holder has satisfied so long as the conditions in Section 3.063.08(A)(iii) have been satisfied) and (y2) the time of book-entry transfer or delivery of such Note Security to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.063.08(A)(iii). Notes Securities in respect of which a Repurchase Notice has been given by the holder Holder thereof may not be converted pursuant to Article 15 hereof X on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawnwithdrawn as specified in the following paragraph. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) Paying Agent in accordance with the Repurchase Notice at any time prior to 5:00 P.M., New York City time, on the close of business on Business Day immediately preceding the Repurchase Date, specifying:
(ai) the Holder’s name and an election to withdraw such Repurchase Notice;
(ii) the certificate numbernumber (in the case of Physical Securities) or the appropriate Depositary procedures, if anyPhysical Securities have not been issued, of the Note Security in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,;
(biii) the principal amount of the Note Security (which must be in an integral multiple of $1,000 principal amount) with respect to which such notice of withdrawal is being submitted, ; and
(civ) the principal amount (which must be in an integral multiple of $1,000 principal amount), if any, of such Note Security which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase by the Company.
Appears in 1 contract
Sources: Indenture (Arris Group Inc)
Effect of Repurchase Notice. (a) Upon receipt by the Trustee (Company or other paying agent appointed by the Company) Paying Agent of the any Repurchase Notice specified in Section 3.06Notice, the holder Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in the following two paragraphs of this Section) thereafter be entitled to receive solely the Repurchase Price applicable repurchase price with respect to such Note. Such Repurchase Price repurchase price shall be paid to such holder, subject to receipt of funds and/or Notes by the Trustee (or other paying agent appointed by the Company), promptly following Holder on the later of (x) the applicable Repurchase Date with respect to such Note (provided the holder has satisfied that the conditions in of Section 3.0611.11(c) have been satisfied) and (y) the time first Business Day following the date of delivery of such Note to the Trustee (or other paying agent appointed Paying Agent at the office of the Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.06. Notes in respect of which a Repurchase Notice has been given by the holder thereof may not be converted pursuant to Article 15 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. 11.11(c).
(b) A Repurchase Notice may be withdrawn before or after delivery by the Holder to the Paying Agent at the office of the Paying Agent of the Note to which such Repurchase Notice relates, by means of a written notice of withdrawal delivered by the Holder to the Paying Agent at the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice Paying Agent at any time prior to the close of business on the third Business Day prior to the Repurchase Date, specifying, as applicable:
(ai) the certificate number, if any, number and series of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(bii) the principal amount of the Note with respect to which such notice of withdrawal is being submitted, and
(ciii) the principal amount, if any, of such Note which that remains subject to the original Repurchase Notice Notice, and which that has been or will be delivered for repurchase purchase by the Company.
(c) The Paying Agent will promptly return to the respective Holders thereof any Notes with respect to which a Repurchase Notice has been withdrawn in compliance with this Indenture.
Appears in 1 contract
Sources: Indenture (St Charles Gaming Co Inc)
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) Paying Agent of the Repurchase Notice specified in Section 3.06Notice, the holder Holder of the Note 2008 Debenture in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Repurchase Price with respect to such Note2008 Debenture. Such Repurchase Price shall be paid to such holderHolder, subject to receipt of funds and/or Notes Common Stock by the Trustee (or other paying agent appointed by the Company)Paying Agent, promptly following the later of (x) the Repurchase Date with respect to such Note 2008 Debenture (provided the holder has satisfied PROVIDED the conditions in Section 3.065.01 hereof have been satisfied) and (y) the time of delivery of such Note 2008 Debenture to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.065.01 hereof. Notes Any 2008 Debentures in respect of which a Repurchase Notice has been given by the holder thereof may not be converted pursuant to Article 15 Four hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawnwithdrawn in accordance with the following two paragraphs. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) Paying Agent in accordance with the Repurchase Notice at any time prior to the close of business on the Business Day immediately preceding the applicable Repurchase Date, Date specifying:
(a1) the certificate number, if any, number of the Note 2008 Debenture in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,;
(b2) the principal amount of the Note 2008 Debenture with respect to which such notice of withdrawal is being submitted, ; and
(c3) the principal amount, if any, of such Note 2008 Debenture which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase by the Company. A written notice of withdrawal of a Repurchase Notice may be in the form set forth in the preceding paragraph or may be in the form of (i) a conditional withdrawal contained in a Repurchase Notice pursuant to the terms of Section 5.01(3)(D) hereof or (ii) a conditional withdrawal containing the information set forth in Section 5.01(3)(D) hereof and the preceding paragraph and contained in a written notice of withdrawal delivered to the Paying Agent as set forth in the preceding paragraph. There shall be no repurchase of any 2008 Debentures pursuant to this Article Five (other than through the issuance of Common Stock in payment of the Repurchase Price, including cash in lieu of fractional shares of Common Stock) if there has occurred (prior to, on or after, as the case may be, the giving, by the Holders of such 2008 Debentures, of the required Repurchase Notice) and is continuing an Event of Default (other than a default in the payment of the Repurchase Price with respect to such 2008 Debentures). The Paying Agent will promptly return to the respective Holders thereof any (x) 2008 Debentures with respect to which a Repurchase Notice has been withdrawn in compliance with this Second Supplemental Indenture, or (y) except to the extent such 2008 Debentures are being paid in shares of Common Stock, any 2008 Debentures held by it during the continuance of an Event of Default (other than a default in the payment of the Repurchase Price with respect to such 2008 Debentures), in which case, upon such return, the Repurchase Notice with respect thereto shall be deemed to have been withdrawn.
Appears in 1 contract
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) Paying Agent of the Repurchase Notice specified in Section 3.064.1(c), the holder Holder of the Note Security in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in the following paragraph) thereafter be entitled to receive solely the Repurchase Price with respect to such NoteSecurity. Such Repurchase Price shall be paid to such holderHolder, subject to receipt receipts of funds cash and/or Notes securities by the Trustee (or other paying agent appointed by the Company)Paying Agent, promptly following the later of (xa) the Repurchase Date with respect to such Note Security (provided the holder has satisfied the conditions in Section 3.064.1(c) have been satisfied) and (yb) the time of delivery of such Note Security to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.064.1(c). Notes Securities in respect of which a Repurchase Notice has been given by the holder Holder thereof may not be converted pursuant to Article 15 hereof XII on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawnwithdrawn as specified in the following paragraph. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) Paying Agent in accordance with the Repurchase Notice at any time prior to 5:00 p.m., New York City time, on the close of business on Business Day immediately preceding the Repurchase Date, specifying:
(a) the certificate number, if any, of the Note Security in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,;
(b) the principal amount of the Note Security with respect to which such notice of withdrawal is being submitted, ; and
(c) the principal amount, if any, of such Note Security which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase by the Company.
Appears in 1 contract
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) Paying Agent of the Repurchase Notice specified in Section 3.0614.01(c), the holder Holder of the Note Security in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in the following paragraph) thereafter be entitled to receive solely the Repurchase Price with respect to such NoteSecurity. Such Repurchase Price shall be paid to such holderHolder, subject to receipt of funds and/or Notes cash by the Trustee (or other paying agent appointed by the Company)Paying Agent, promptly following the later of (xa) the Repurchase Date with respect to such Note Security (provided the holder has satisfied the conditions in Section 3.0614.01(c) have been satisfied) and (yb) the time of delivery of such Note Security to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.0614.01(c). Notes Securities in respect of which a Repurchase Notice has been given by the holder Holder thereof may not be converted pursuant to Article 15 XIV hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawnwithdrawn as specified in the following paragraph. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) Paying Agent in accordance with the Repurchase Notice at any time prior to the close of business 5:00 p.m., New York City time, on the Repurchase Date, specifying:
(a) the certificate number, if any, or the appropriate Depositary procedures, if applicable, of the Note Security in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,;
(b) the principal amount Principal Amount of the Note Security with respect to which such notice of withdrawal is being submitted, ; and
(c) the principal amountPrincipal Amount, if any, of such Note Security which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase by the Company. There shall be no purchase of any Securities pursuant to Section 14.01 if there has occurred (prior to, on or after, as the case may be, the giving, by the Holders of such Securities, of the required Repurchase Notice) and is continuing an Event of Default (other than a default in the payment of the Repurchase Price with respect to such Securities). The Paying Agent will promptly return to the respective Holders any Securities (x) with respect to which a Repurchase Notice has been withdrawn in compliance with this Indenture, or (y) held by it during the continuance of an Event of Default (other than a default in the payment of the Repurchase Price with respect to such Securities) in which case, upon such return, the Repurchase Notice with respect thereto shall be deemed to have been withdrawn.
Appears in 1 contract
Sources: Indenture (Gold Reserve Inc)
Effect of Repurchase Notice. (a) Upon receipt by the Trustee (or other paying agent appointed by the Company) Paying Agent of the Fundamental Change Repurchase Notice specified in Section 3.063.01(c) or the ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Notice specified in Section 3.02(c) (each of the foregoing, a “Repurchase Notice”), the holder Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in this Section 3.03) thereafter be entitled to receive solely the Fundamental Change Repurchase Price or 2021 Repurchase Price (each of the foregoing, a “Repurchase Price”), as applicable, and any accrued and unpaid interest (including any Additional Interest) to but not including the Fundamental Change Repurchase Date or 2021 Repurchase Date (each of the foregoing, a “Repurchase Date”), as applicable, with respect to such Note. Such Repurchase Price shall be paid to such holderHolder, subject to receipt of funds and/or Notes by the Trustee (Paying Agent, on or other paying agent appointed by the Company), promptly following prior to the later of (x) the Repurchase Date with respect to such Note (provided the holder has satisfied the conditions in Section 3.063.01(c) or Section 3.02(c), as applicable, have been satisfied) and (y) the time of delivery of such Note to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.063.01(c) or Section 3.02(c), as applicable. Notes in respect of which a Repurchase Notice has been given by the holder Holder thereof may not be converted pursuant to Article 15 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. withdrawn as specified in this Section 3.03.
(b) A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice Paying Agent at any time prior to the close Close of business Business on the Business Day immediately preceding the Repurchase Date. If a Repurchase Notice is withdrawn, specifyingthe Company will not be obligated to repurchase such Notes listed in the Repurchase Notice. Such notice of withdrawal shall state:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(bi) the principal amount being withdrawn;
(ii) if Certificated Notes are to be withdrawn, the certificate numbers of the Note Notes being withdrawn (or, if Global Notes or a portion thereof are to be withdrawn, such Holder’s notice must comply with respect to which such notice of withdrawal is being submitted, andthe Applicable Procedures);
(ciii) the principal amount, if any, of such Note which remains the Notes that remain subject to the original a Repurchase Notice and Notice, which has been must be $1,000 or will be delivered for repurchase by the Companywhole multiples thereof.
Appears in 1 contract
Sources: Indenture (Micron Technology Inc)
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent Paying Agent appointed by the Company) of the Repurchase Notice specified in Section 3.063.10, the holder Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawn) thereafter be entitled to receive solely the Repurchase Price repurchase price with respect to such Note. Such Repurchase Price repurchase price shall be paid to such holderHolder, subject to receipt of funds and/or or Notes by the Trustee (or other paying agent Paying Agent appointed by the Company), promptly following the later of (x) the Repurchase Date with respect to such Note (provided the holder Holder has satisfied the conditions in Section 3.063.10) and (y) the time of delivery of such Note to the Trustee (or other paying agent Paying Agent appointed by the Company) by the holder Holder thereof in the manner required by Section 3.06. Notes in respect of which a Repurchase Notice has been given by the holder thereof may not be converted pursuant to Article 15 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn3.10. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office Corporate Trust Office of the Trustee (or other paying agent Paying Agent appointed by the Company) in accordance with the Repurchase Notice at any time prior to the close of business on the Business Day immediately preceding the Repurchase Date, specifying:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Common Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(b) the principal amount of the Note with respect to which such notice of withdrawal is being submitted, and
(c) the principal amount, if any, of such Note which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase by the Company.
Appears in 1 contract
Sources: Indenture (China Shen Zhou Mining & Resources, Inc.)
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) of the Repurchase Notice specified in Section 3.06, the holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawn) thereafter be entitled to receive solely the Repurchase Price purchase price with respect to such Note. Such Repurchase Price purchase price shall be paid to such holder, subject to receipt of funds and/or Notes by the Trustee (or other paying agent appointed by the Company), promptly following the later of (x) the Repurchase Date with respect to such Note (provided the holder has satisfied the conditions in Section 3.06) and (y) the time of delivery of such Note to the Trustee (or other paying agent appointed by the Company) by the holder thereof in the manner required by Section 3.06. Notes in respect of which a Repurchase Notice has been given by the holder thereof may not be converted pursuant to Article 15 14 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice at any time prior to the close of business on the Repurchase Date, specifying:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(b) the principal amount of the Note with respect to which such notice of withdrawal is being submitted, and
(c) the principal amount, if any, of such Note which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase purchase by the Company. A written notice of withdrawal of a Repurchase Notice may be in the form set forth in the preceding paragraph or may be in the form of a conditional withdrawal contained in a Repurchase Notice pursuant to the terms of Section 3.06(a).
Appears in 1 contract
Sources: Indenture (Airtran Airways Inc)
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) of the Fundamental Change Redemption Notice or Repurchase Notice specified in Section 3.063.05(c) or Section 3.07(a), as applicable, the holder of the Note in respect of which such Repurchase Notice notice was given shall (unless such Fundamental Change Redemption Notice or Repurchase Notice Notice, as applicable, is validly withdrawn) thereafter be entitled to receive solely the Repurchase Price purchase price with respect to such Note. Such Repurchase Price purchase price shall be paid to such holderholder in cash and/or Applicable Stock, if applicable, subject to receipt of funds and/or Notes by the Trustee (or other paying agent appointed by the Company), promptly following the later of (x) the Fundamental Change Redemption Date or Repurchase Date Date, as applicable, with respect to such Note (provided the holder has satisfied the conditions in Section 3.063.05 or Section 3.07, as applicable) and (y) the time of delivery of such Note to the Trustee (or other paying agent appointed by the Company) by the holder thereof in the manner required by Section 3.063.05 or Section 3.07, as applicable. Notes in respect of which a Fundamental Change Redemption Notice or Repurchase Notice Notice, as applicable, has been given by the holder thereof may not be converted pursuant to Article 15 14 hereof on or after the date of the delivery of such Fundamental Change Redemption Notice or Repurchase Notice Notice, as applicable, unless such Fundamental Change Redemption Notice or Repurchase Notice Notice, as applicable, has first been validly withdrawn. A Fundamental Change Redemption Notice or Repurchase Notice Notice, as applicable, may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Fundamental Change Redemption Notice or Repurchase Notice at any time prior to the close of business on the Fundamental Change Redemption Date or Repurchase Date, as applicable, specifying:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(b) the principal amount of the Note with respect to which such notice of withdrawal is being submitted, and
(c) the principal amount, if any, of such Note which remains subject to the original Fundamental Change Redemption Notice or Repurchase Notice Notice, as applicable, and which has been or will be delivered for repurchase purchase by the Company. A written notice of withdrawal of a Fundamental Change Redemption Notice or Repurchase Notice, as applicable, may be in the form set forth in the preceding paragraph or, in the case of a Fundamental Change Redemption Notice may be in the form of a conditional withdrawal containing the information set forth in Section 3.05(c)(iv) and this Section 3.08.
Appears in 1 contract
Sources: Indenture (Triarc Companies Inc)
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) of the Repurchase Notice specified in Section 3.0614.06, the holder of the Note Security in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawn) thereafter be entitled to receive solely the Repurchase Price repurchase price with 69 respect to such NoteSecurity. Such Repurchase Price repurchase price shall be paid to such holderSecurityholder, subject to receipt of funds and/or Notes Securities by the Trustee (or other paying agent appointed by the Company), promptly following the later of (x) the Repurchase Date with respect to such Note (provided PROVIDED the holder Securityholder has satisfied the conditions in Section 3.0614.06) and (y) the time of delivery of such Note Security to the Trustee (or other paying agent appointed by the Company) by the holder Securityholder thereof in the manner required by Section 3.0614.06. Notes Securities in respect of which a Repurchase Notice has been given by the holder Securityholder thereof may not be converted pursuant to Article 15 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice at any time prior to the close of business on the Repurchase Date, specifying:
(a) the certificate number, if any, of the Note Security in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note Security in respect of which such notice of withdrawal is being submitted is represented by a Global NoteSecurity,
(b) the principal amount of the Note Security with respect to which such notice of withdrawal is being submitted, and
(c) the principal amount, if any, of such Note Security which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase purchase by the Company.
Appears in 1 contract
Sources: Indenture (Andrew Corp)
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) Paying Agent of the Repurchase Notice specified in Section 3.063.08(a)(iii), the holder Holder of the Note Security in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in the following paragraph) thereafter be entitled to receive solely the Repurchase Price with respect to such NoteSecurity. Such Repurchase Price shall be paid to such holderHolder, subject to receipt of funds and/or Notes Cash by the Trustee (or other paying agent appointed by the Company)Paying Agent, promptly following on the later of (x1) the Repurchase Date with respect to such Note Security (provided the holder has satisfied the conditions in Section 3.063.08(a)(iii) have been satisfied) and (y2) the time of book-entry transfer or delivery of such Note Security to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.063.08(a)(iii). Notes Securities in respect of which a Repurchase Notice has been given by (NY) 20543/090/INDENTURE/arm.indenture.doc the holder Holder thereof may not be converted pursuant to Article 15 hereof 4 on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawnwithdrawn as specified in the following paragraph. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) Paying Agent in accordance with the Repurchase Notice at any time prior to 5:00 p.m., New York City time, on the close of business on Business Day immediately preceding the Repurchase Date, specifying:
(ai) the Holder’s name and an election to withdraw such Repurchase Notice;
(ii) the certificate numbernumber (if in certificated form) or the appropriate Depositary procedures, if anyapplicable, of the Note Security in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,;
(biii) the principal amount Original Principal Amount of the Note Security (which must be in an integral multiple of $1,000 Original Principal Amount) with respect to which such notice of withdrawal is being submitted, ; and
(civ) the principal amountOriginal Principal Amount (which must be in an integral multiple of $1,000 Original Principal Amount), if any, of such Note Security which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase by the Company.
Appears in 1 contract
Sources: Indenture (Arvinmeritor Inc)
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) of the Repurchase Notice specified in Section 3.06, the holder of the Note Debenture in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawn) thereafter be entitled to receive solely the Repurchase Price purchase price with respect to such NoteDebenture. Such Repurchase Price purchase price shall be paid to such holder, subject to receipt of funds and/or Notes Debentures by the Trustee (or other paying agent appointed by the Company), promptly following the later of (x) the Business Day immediately following the Repurchase Date with respect to such Note Debenture (provided the holder has satisfied the conditions in Section 3.06) and (y) the time of book entry transfer or delivery of such Note Debenture to the Trustee (or other paying agent appointed by the Company) by the holder thereof in the manner required by Section 3.06. Notes Debentures in respect of which a Repurchase Notice has been given by the holder thereof may not be converted pursuant to Article 15 17 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice at any time prior to the close of business on the Repurchase Date, specifying:
(a) the principal amount of the Debenture with respect to which such notice of withdrawal is being submitted,
(b) the certificate number, if any, of the Note Debenture in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note Debenture in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(b) the principal amount of the Note with respect to which such notice of withdrawal is being submittedDebenture, and
(c) the principal amount, if any, of such Note which Debenture that remains subject to the original Repurchase Notice and which that has been or will be delivered for repurchase purchase by the Company.
Appears in 1 contract
Sources: Indenture (Genesis Healthcare Corp)
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) Paying Agent of the Repurchase Notice specified in Section 3.069.01(c), the holder Holder of the Note Security in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in the following paragraph) thereafter be entitled to receive solely the Repurchase Price with respect to such NoteSecurity. Such Repurchase Price shall be paid to such holderHolder, subject to receipt of funds and/or Notes cash by the Trustee (or other paying agent appointed by the Company)Paying Agent, promptly following the later of (xa) the Repurchase Date with respect to such Note Security (provided the holder has satisfied the conditions in Section 3.069.01(c) have been satisfied) and (yb) the time of delivery of such Note Security to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.069.01(c). Notes Securities in respect of which a Repurchase Notice has been given by the holder Holder thereof may not be converted pursuant to Article 15 ARTICLE XI hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawnwithdrawn as specified in the following paragraph. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) Paying Agent in accordance with the Repurchase Notice at any time prior to the close of business 5:00 p.m., New York City time, on the Repurchase Date, specifying:
(a) the certificate number, if any, or the appropriate Depositary procedures, if applicable, of the Note Security in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,;
(b) the principal amount Principal Amount of the Note Security with respect to which such notice of withdrawal is being submitted, ; and
(c) the principal amountPrincipal Amount, if any, of such Note Security which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase by the Company. There shall be no purchase of any Securities pursuant to Section 9.01 if there has occurred (prior to, on or after, as the case may be, the giving, by the Holders of such Securities, of the required Repurchase Notice) and is continuing an Event of Default (other than a default in the payment of the Repurchase Price with respect to such Securities). The Paying Agent will promptly return to the respective Holders any Securities (x) with respect to which a Repurchase Notice has been withdrawn in compliance with this Indenture, or (y) held by it during the continuance of an Event of Default (other than a default in the payment of the Repurchase Price with respect to such Securities) in which case, upon such return, the Repurchase Notice with respect thereto shall be deemed to have been withdrawn.
Appears in 1 contract
Effect of Repurchase Notice. (a) Upon receipt by the Trustee (or other paying agent appointed by the Company) Paying Agent of the Fundamental Change Repurchase Notice specified in Section 3.063.01(c) or the ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Notice specified in Section 3.02(c) (each of the foregoing, a “Repurchase Notice”), the holder Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in this Section 3.03) thereafter be entitled to receive solely the Fundamental Change Repurchase Price or 2019 Repurchase Price (each of the foregoing, a “Repurchase Price”), as applicable, and any accrued and unpaid interest (including any Additional Interest) to but not including the Fundamental Change Repurchase Date or 2019 Repurchase Date (each of the foregoing, a “Repurchase Date”), as applicable, with respect to such Note. Such Repurchase Price shall be paid to such holderHolder, subject to receipt of funds and/or Notes by the Trustee (Paying Agent, on or other paying agent appointed by the Company), promptly following prior to the later of (x) the Repurchase Date with respect to such Note (provided the holder has satisfied the conditions in Section 3.063.01(c) or Section 3.02(c), as applicable, have been satisfied) and (y) the time of delivery of such Note to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.063.01(c) or Section 3.02(c), as applicable. Notes in respect of which a Repurchase Notice has been given by the holder Holder thereof may not be converted pursuant to Article 15 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. withdrawn as specified in this Section 3.03.
(b) A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice Paying Agent at any time prior to the close Close of business Business on the Business Day immediately preceding the Repurchase Date. If a Repurchase Notice is withdrawn, specifyingthe Company will not be obligated to repurchase such Notes listed in the Repurchase Notice. Such notice of withdrawal shall state:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(bi) the principal amount being withdrawn;
(ii) if Certificated Notes are to be withdrawn, the certificate numbers of the Note Notes being withdrawn (or, if Global Notes or a portion thereof are to be withdrawn, such Holder’s notice must comply with respect to which such notice of withdrawal is being submitted, andthe Applicable Procedures);
(ciii) the principal amount, if any, of such Note which remains the Notes that remain subject to the original a Repurchase Notice and Notice, which has been must be $1,000 or will be delivered for repurchase by the Companywhole multiples thereof.
Appears in 1 contract
Sources: Indenture (Micron Technology Inc)
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) of the Repurchase Notice specified in Section 3.06, the holder of the Note Debenture in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawn) thereafter be entitled to receive solely the Repurchase Price purchase price with respect to such NoteDebenture. Such Repurchase Price purchase price shall be paid to such holder, subject to receipt of funds and/or Notes Debentures by the Trustee (or other paying agent appointed by the Company), promptly following the later of (x) the Repurchase Date with respect to such Note Debenture (provided the holder has satisfied the conditions in Section 3.06) and (y) the time of delivery of such Note Debenture to the Trustee (or other paying agent appointed by the Company) by the holder thereof in the manner required by Section 3.06. Notes Debentures in respect of which a Repurchase Notice has been given by the holder thereof may not be converted pursuant to Article 15 16 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice at any time prior to the close of business on the Repurchase Date, specifying:
(a) the certificate number, if any, of the Note Debenture in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note Debenture in respect of which such notice of withdrawal is being submitted is represented by a Global NoteDebenture,
(b) the principal amount of the Note Debenture with respect to which such notice of withdrawal is being submitted, and
(c) the principal amount, if any, of such Note Debenture which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase purchase by the Company. A written notice of withdrawal of a Repurchase Notice may be in the form set forth in the preceding paragraph or may be in the form of a conditional withdrawal contained in a Repurchase Notice pursuant to the terms of Section 3.06(a).
Appears in 1 contract
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) of the Repurchase Notice specified in Section 3.06, the holder of the Note in respect of which such Repurchase Notice Notice, was given shall (unless such Repurchase Notice is validly withdrawn) thereafter be entitled to receive solely the Repurchase Price purchase price with respect to such Note. Such Repurchase Price purchase price shall be paid to such holder, subject to receipt of funds and/or Notes by the Trustee at its Corporate Trust Office (or other the office of another paying agent appointed by the Company), promptly following the later of (x) the Repurchase Date with respect to such Note (provided the holder has satisfied the conditions in Section 3.06) and (y) the time of delivery of such Note to the Trustee (or other paying agent appointed by the Company) by the holder thereof in the manner required by Section 3.06. Notes in respect of which a Repurchase Notice has been given by the holder thereof may not be converted pursuant to Article 15 14 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. A Repurchase Notice may be withdrawn by means of a written notice, or electronic notice pursuant to the procedures of the Depositary, of withdrawal delivered to the Trustee at its Corporate Trust Office (or the office of the Trustee (or other another paying agent appointed by the Company) in accordance with the Repurchase Notice at any time prior to the close of business on the Repurchase Date, Date specifying:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(b) the principal amount of the Note with respect to which such notice of withdrawal is being submitted, and
(c) the principal amount, if any, of such Note which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase purchase by the Company.
Appears in 1 contract
Sources: Indenture (Nii Holdings Inc)
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) Paying Agent of the Repurchase Notice specified in Section 3.063.08, the holder Holder of the Note Security in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawn) thereafter be entitled to receive solely the Repurchase Price with respect to such NoteSecurity. Such Repurchase Price shall be paid to such holderHolder, subject to receipt of funds and/or Notes Securities by the Trustee (or other paying agent appointed by the Company)Paying Agent, promptly following the later of (x) the Repurchase Date with respect to such Note (provided the holder Holder has satisfied the conditions in Section 3.063.08) and (y) the time of delivery of such Note Security to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.063.08. Notes Securities in respect of which a Repurchase Notice has been given by the holder Holder thereof may not be converted pursuant to Article 15 X hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice Paying Agent at any time prior to the close of business on the Business Day immediately preceding the Repurchase Date, specifying:
(a) : the certificate number, if any, of the Note Security in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note Security in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(b) Security, the principal amount Principal Amount of the Note Security with respect to which such notice of withdrawal is being submitted, and
(c) and the principal amountPrincipal Amount, if any, of such Note Security which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase purchase by the Company. A written notice of withdrawal of a Repurchase Notice may be in the form set forth in the preceding paragraph or may be in the form of a conditional withdrawal contained in a Repurchase Notice pursuant to the terms of Section 3.08(a)(D).
Appears in 1 contract
Sources: Indenture (Expressjet Holdings Inc)
Effect of Repurchase Notice. (a) Upon receipt by the Trustee (Company or other paying agent appointed by the Company) Paying Agent of the any Repurchase Notice specified in Section 3.06Notice, the holder Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in the following two paragraphs of this Section) thereafter be entitled to receive solely the Repurchase Price applicable repurchase price with respect to such Note. Such Repurchase Price repurchase price shall be paid to such holder, subject to receipt of funds and/or Notes by the Trustee (or other paying agent appointed by the Company), promptly following Holder on the later of (x) the applicable Repurchase Date with respect to such Note (provided the holder has satisfied that the conditions in of paragraph (c) of Section 3.0611.11 have been satisfied) and (y) the time first Business Day following the date of delivery of such Note to the Trustee (or other paying agent appointed Paying Agent at the office of the Paying Agent by the Company) by the holder Holder thereof in the manner required by paragraph (c) of Section 3.06. Notes in respect of which a Repurchase Notice has been given by the holder thereof may not be converted pursuant to Article 15 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. 11.11.
(b) A Repurchase Notice may be withdrawn before or after delivery by the Holder to the Paying Agent at the office of the Paying Agent of the Note to which such Repurchase Notice relates, by means of a written notice of withdrawal delivered by the Holder to the Paying Agent at the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice Paying Agent at any time prior to the close of business on the third Business Day prior to the Repurchase Date, specifying, as applicable:
(ai) the certificate number, if any, number and series of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(bii) the principal amount of the Note with respect to which such notice of withdrawal is being submitted, and
(ciii) the principal amount, if any, of such Note which that remains subject to the original Original Repurchase Notice Notice, and which that has been or will be delivered for repurchase purchase by the Company.
(c) The Paying Agent will promptly return to the respective Holders thereof any Notes with respect to which a Repurchase Notice has been withdrawn in compliance with this Indenture.
Appears in 1 contract
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) of the Repurchase Notice specified in Section 3.06, the holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawn) thereafter be entitled to receive solely the Repurchase Price purchase price with respect to such Note. Such Repurchase Price purchase price shall be paid to such holder, subject to receipt of funds and/or Notes by the Trustee (or other paying agent appointed by the Company), promptly following the later of (x) the Business Day immediately following the Repurchase Date with respect to such Note (provided the holder has satisfied the conditions in Section 3.06) and (y) the time of book entry transfer or delivery of such Note to the Trustee (or other paying agent appointed by the Company) by the holder thereof in the manner required by Section 3.06. Notes in respect of which a Repurchase Notice has been given by the holder thereof may not be converted pursuant to Article 15 17 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice at any time prior to the close of business on the Repurchase Date, specifyingwhich, with respect to Notes not in certificated form, shall comply with appropriate Depositary procedures and which, with respect to Notes in certificated form, shall specify:
(a) the principal amount of the Note with respect to which such notice of withdrawal is being submitted,
(b) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(b) the principal amount of the Note with respect to which such notice of withdrawal is being submitted, and
(c) the principal amount, if any, of such Note which that remains subject to the original Repurchase Notice and which that has been or will be delivered for repurchase purchase by the Company.;
Appears in 1 contract
Sources: Indenture (Conexant Systems Inc)
Effect of Repurchase Notice. Upon receipt by the Trustee (or other paying agent appointed by the Company) Paying Agent of the Optional Repurchase Notice specified in Section 3.0611.02(b) or the Change of Control Repurchase Notice specified in Section 11.03(c) (Optional Repurchase Notices and Change of Control Repurchase Notices, as applicable, being referred to herein as “Repurchase Notices”), the holder Holder of the Note Security in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawnwithdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Optional Repurchase Price or the Change of Control Repurchase Price, as applicable (the Optional Repurchase Price and the Change of Control Repurchase Price, as applicable, being referred to herein as the “Repurchase Price”), with respect to such NoteSecurity. Such Repurchase Price shall be paid to such holderHolder, subject to prior receipt of funds and/or Notes by the Trustee (or other paying agent appointed by the Company)Paying Agent, promptly following the later of (x) the Optional Repurchase Date or the Change of Control Repurchase Date, as applicable (the Optional Repurchase Date and the Change of Control Repurchase Date, as applicable, being referred to herein as the “Repurchase Date”), with respect to such Note Security (provided the holder has satisfied the conditions in Section 3.0611.02(b) or 11.03(c), as applicable, have been satisfied) and (y) the time of delivery of such Note Security to the Trustee (or other paying agent appointed Paying Agent by the Company) by the holder Holder thereof in the manner required by Section 3.0611.02(b) or 11.03(c), as applicable, provided, however, that should any portion of the Repurchase Price be payable in shares of Applicable Stock, the Company will deliver such shares directly to the Holders in accordance with the share delivery instructions set forth in the Repurchase Notice. Notes Securities in respect of which a Repurchase Notice has been given by the holder thereof may not be converted pursuant to Article 15 13 hereof on or after the date of the delivery of such Repurchase Notice unless such Notice, except if the Repurchase Notice Notice, if applicable, has first been validly withdrawn. A Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to as specified in the office of the Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice at any time prior to the close of business on the Repurchase Date, specifying:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(b) the principal amount of the Note with respect to which such notice of withdrawal is being submitted, and
(c) the principal amount, if any, of such Note which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase by the Companyfollowing two paragraphs.
Appears in 1 contract
Sources: Indenture (Sohu Com Inc)