Common use of Form of Repurchase or Refinancing Notice by Indenture Trustee Clause in Contracts

Form of Repurchase or Refinancing Notice by Indenture Trustee. (a) Notice of repurchase or refinancing under Section 10.01 or refinancing under Section 10.03 shall be given by the Indenture Trustee by facsimile, electronic mail, overnight courier or by first-class mail, postage prepaid, transmitted or mailed prior to the applicable Repurchase Date or Refinancing Date, as applicable, to each Holder of Notes, as of the close of business on the Record Date preceding the applicable Repurchase Date or Refinancing Date, as applicable, at such Holder’s address appearing in the Note Register. In addition, for so long as any Offered Notes are listed on the Irish Stock Exchange and so long as the rules of such exchange so require, notice of an Optional Repurchase or Refinancing will also be given by the Indenture Trustee to the Ireland Paying Agent for delivery to the Irish Stock Exchange. (b) All notices of repurchase or refinancing (including notice given by the Issuer pursuant to Section 10.01) shall state: (i) the Repurchase Date or Refinancing Date, as applicable; (ii) the Repurchase Price or Refinancing Price, as applicable; (iii) that the Record Date otherwise applicable to such Repurchase Date or Refinancing Date, as applicable, is not applicable and that payments shall be made only upon presentation and surrender of such Notes and the place where such Notes are to be surrendered for payment of the Repurchase Price or Refinancing Price, as applicable (which shall be the office or agency of the Issuer to be maintained as provided in Section 3.02); and (iv) that interest and Class A-2 Commitment Fee, as applicable, on the Notes shall cease to accrue on the Repurchase Date or Refinancing Price, as applicable. (c) Notice of repurchase or refinancing of the Notes shall be given by the Indenture Trustee in the name and at the expense of the Issuer. Failure to give notice of repurchase or refinancing, or any defect therein, to any Holder of any Note shall not impair or affect the validity of the repurchase or refinancing of any other Note.

Appears in 1 contract

Sources: Indenture (NewStar Financial, Inc.)

Form of Repurchase or Refinancing Notice by Indenture Trustee. (a) Notice of repurchase or refinancing an Optional Repurchase of the Offered Notes under Section 10.01 or refinancing Refinancing under Section 10.03 shall be given by the Indenture Trustee by facsimile, electronic mail, overnight courier or by first-class mail, postage prepaid, transmitted or mailed prior to the applicable Repurchase Date or Refinancing Date, as applicable, to each Holder of NotesNotes and to each Hedge Counterparty, as of the close of business on the Record Date preceding the applicable Repurchase Date or Refinancing Date, as applicable, at such Holder’s address appearing in the Note Register. In addition, for so long as any Offered Notes are listed on the Irish Stock Exchange and so long as the rules of such exchange so require, notice of an Optional Repurchase or Refinancing will also be given by the Indenture Trustee to the Ireland Paying Agent for delivery to the Irish Stock Exchange. (b) All notices of repurchase or refinancing (including notice given by the Issuer pursuant to Section 10.01) shall state: (i) the Repurchase Date or Refinancing Date, as applicable; (ii) the Repurchase Price or Refinancing Price, as applicable; (iii) that the Record Date otherwise applicable to such Repurchase Date or Refinancing Date, as applicable, is not applicable and that payments shall be made only upon presentation and surrender of such Notes and the place where such Notes are to be surrendered for payment of the Repurchase Price or Refinancing Price, as applicable (which shall be the office or agency of the Issuer to be maintained as provided in Section 3.02); and (iv) that interest and Class A-2 Commitment Fee, as applicable, on the Notes shall cease to accrue on the Repurchase Date or Refinancing PriceDate, as applicable. (c) Notice of repurchase or refinancing of the Notes shall be given by the Indenture Trustee in the name and at the expense of the Issuer. Failure to give notice of repurchase or refinancingrepurchase, or any defect therein, to any Holder of any Note shall not impair or affect the validity of the repurchase or refinancing of any other Note.

Appears in 1 contract

Sources: Indenture (Capitalsource Inc)