Common use of Fundamental Change Repurchase Date Clause in Contracts

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).

Appears in 167 contracts

Sources: Indenture (Cytokinetics Inc), Indenture (Oscar Health, Inc.), Indenture (Nebius Group N.V.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty thirty-five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).

Appears in 16 contracts

Sources: Indenture (Commvault Systems Inc), First Supplemental Indenture (Celcuity Inc.), Indenture (DoorDash, Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the CompanyHolder’s choosing that is no more than thirty five (35), nor less than twenty (20), ) Business Days after the later of (x) the date the Company sends delivers to the Holder the related Fundamental Change Notice pursuant to Section 4.02(E6(C); and (y) the effective date of such Fundamental Change.

Appears in 8 contracts

Sources: Third Note Amendment (Velo3D, Inc.), Note Amendment (Velo3D, Inc.), Note Amendment (Velo3D, Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be as follows: (i) in the case of a Fundamental Change pursuant to clause (C) or (D) of the definition of such term, a Business Day of the Company’s choosing that is no more than thirty thirty-five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E); and (ii) in all other cases, the Business Day immediately before the effective date of such Fundamental Change.

Appears in 8 contracts

Sources: Indenture (Netskope Inc), Indenture (Netskope Inc), Indenture (Netskope Inc)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).. (D)

Appears in 8 contracts

Sources: Indenture (Super Micro Computer, Inc.), Indenture (Alkami Technology, Inc.), Indenture (Super Micro Computer, Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).

Appears in 7 contracts

Sources: Indenture (enCore Energy Corp.), Indenture (Edgio, Inc.), Indenture (2U, Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date Date” means, for any Fundamental Change, the date specified by the Company in the Fundamental Change Notice for such Fundamental Change, which date will be a not less than twenty (20) Business Day of the Company’s choosing that is no Days, nor more than thirty five (35)) Business Days, nor less than twenty (20), Business Days after immediately following the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E)Date for such Fundamental Change.

Appears in 6 contracts

Sources: Note Purchase Agreement (Xtant Medical Holdings, Inc.), Note Purchase Agreement (Xtant Medical Holdings, Inc.), Note Purchase Agreement (Xtant Medical Holdings, Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the CompanyIssuer’s choosing that is no more than thirty thirty-five (35), nor ) and not less than twenty (20), ) Business Days after the date the Company sends Issuer delivers the related Fundamental Change Notice pursuant to Section 4.02(E).

Appears in 6 contracts

Sources: Indenture (Wolfspeed, Inc.), Indenture (Wolfspeed, Inc.), Indenture (Wolfspeed Texas LLC)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section ‎Section 4.02(E).

Appears in 5 contracts

Sources: Indenture (Hertz Corp), Indenture (Ani Pharmaceuticals Inc), Indenture (Biora Therapeutics, Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date Date” means, for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35)Change, nor less than twenty (20), Business Days after the date specified by the Company sends in the related Fundamental Change Notice pursuant to Section 4.02(E)for such Fundamental Change, which date will be not less than 20 Business Days, nor more than 35 Business Days, immediately following the Fundamental Change Notice Date for such Fundamental Change.

Appears in 5 contracts

Sources: First Supplemental Indenture (Par Technology Corp), Indenture (Par Technology Corp), Indenture (Par Technology Corp)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty thirty-five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E); provided, that notwithstanding the foregoing or anything to the contrary provided in this Indenture, the Fundamental Change Repurchase Date will be subject to postponement to the extent necessary to comply with the applicable rules under the Exchange Act.

Appears in 4 contracts

Sources: Indenture (SoFi Technologies, Inc.), Indenture (SoFi Technologies, Inc.), Indenture (American Eagle Outfitters Inc)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than seventy (70), nor less than forty (40), Business Days (or, in the case of a Fundamental Change resulting from a transaction or a series of related transactions comprising such Fundamental Change where all of the shares of Common Stock are converted into, or are exchanged for, or represent solely the right to receive, cash, no more than thirty five (35), nor less than twenty (20), Business Days Days) after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).

Appears in 3 contracts

Sources: Indenture (Beauty Health Co), Indenture (Beauty Health Co), Exchange Agreement (Beauty Health Co)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty forty five (3545), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).

Appears in 3 contracts

Sources: Indenture (Outbrain Inc.), Subordination Agreement (Outbrain Inc.), Indenture (Magnite, Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty thirty-five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E5.02(E).

Appears in 3 contracts

Sources: Ninth Supplemental Indenture (Tellurian Inc. /De/), Eighth Supplemental Indenture (Tellurian Inc. /De/), Securities Purchase Agreement (Tellurian Inc. /De/)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day chosen by the Board of the Company’s choosing Directors that is no more than thirty five (3530), nor less than twenty (20), Business Days after the date the Company Corporation sends the related Final Fundamental Change Notice pursuant to Section 4.02(E9(f).

Appears in 2 contracts

Sources: Securities Purchase Agreement (APi Group Corp), Securities Purchase Agreement (APi Group Corp)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty thirty-five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section ‎Section 4.02(E).

Appears in 2 contracts

Sources: Indenture (ADTRAN Holdings, Inc.), First Supplemental Indenture (AeroVironment Inc)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (3530), nor less than twenty (20), Business Days after the date the Company sends the related Final Fundamental Change Notice pursuant to Section 4.02(E8(f).

Appears in 2 contracts

Sources: Securities Purchase Agreement (FireEye, Inc.), Securities Purchase Agreement (FireEye, Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the CompanyHolder’s choosing that is no more than thirty five ten (35), nor less than twenty (20), 10) Business Days after the later of (x) the date the Holder delivers to the Company sends its election to require the related Fundamental Change Notice Company to repurchase this Note pursuant to Section 4.02(E6(C); and (y) the effective date of such Fundamental Change.

Appears in 2 contracts

Sources: Indenture (Tellurian Inc. /De/), Securities Purchase Agreement (Tellurian Inc. /De/)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty thirty-five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).. (D)

Appears in 1 contract

Sources: Second Lien Indenture (Luminar Technologies, Inc./De)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E). The Fundamental Change Repurchase Date shall be subject to postponement in order to allow the Company to comply with applicable law as a result of changes to such applicable law occurring after the Issue Date.

Appears in 1 contract

Sources: Indenture (Realogy Group LLC)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E), subject to extension if required to comply with law as a result of a change in law adopted subsequent to January 21, 2021. For the avoidance of doubt, such date, as so extended, shall be deemed to be the Fundamental Change Repurchase Date for all purposes hereof.

Appears in 1 contract

Sources: Indenture (Bentley Systems Inc)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more later than thirty five the anticipated effective date of such Fundamental Change (35), nor less than twenty (20), Business Days after the date subject to extension by the Company sends in the related event of a change in the anticipated effective date of such Fundamental Change Notice pursuant to Section 4.02(EChange).

Appears in 1 contract

Sources: Securities Purchase Agreement (Azz Inc)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty forty five (3545), nor less than twenty thirty (2030), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).

Appears in 1 contract

Sources: Indenture (Ceridian HCM Holding Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).. Table of Contents

Appears in 1 contract

Sources: Indenture (Progenity, Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the CompanyHolder’s choosing that is no more than thirty five (35), nor less than twenty (20), ) Business Days after the later of (x) the date the Company sends delivers to the Holder the related Fundamental Change Notice pursuant to Section 4.02(E7(C); and (y) the effective date of such Fundamental Change.

Appears in 1 contract

Sources: Amending Agreement to Transaction Agreement (Tilray Brands, Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the CompanyCorporation’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company Corporation sends the related Fundamental Change Notice pursuant to Section 4.02(E11(d); provided, however, that the Fundamental Change Repurchase Date may be extended to the extent necessary to comply with applicable law.

Appears in 1 contract

Sources: Preferred Stock Purchase Agreement (Kennedy-Wilson Holdings, Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five forty (3540), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).

Appears in 1 contract

Sources: Indenture (Innoviva, Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty thirty-five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E7(e); provided that, in respect of any Fundamental Change for which the effective date occurs prior to October 4, 2024, the related Fundamental Change Repurchase Date shall not occur prior to the Business Day immediately succeeding the latest Termination Date.

Appears in 1 contract

Sources: Business Combination Agreement (Isos Acquisition Corp.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than seventy (70), nor less than forty (40), Business Days (or, in the case of a Fundamental Change resulting from a transaction or a series of related transactions comprising such Fundamental Change where all of the shares of Common Stock are converted into, or are exchanged for, or represent solely the right to receive, cash, no more than thirty five (35), nor less than twenty (20), Business Days Days) after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E4.2(e).

Appears in 1 contract

Sources: Indenture (Trump Media & Technology Group Corp.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty thirty-five (35), nor ) and not less than twenty (20), ) Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).

Appears in 1 contract

Sources: Indenture (Maxeon Solar Technologies, Ltd.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty thirty-five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(Eclause (e).

Appears in 1 contract

Sources: Merger Agreement (M3-Brigade Acquisition II Corp.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E), subject to extension if required to comply with law as a result of a change in law adopted subsequent to June 23, 2021. For the avoidance of doubt, such date, as so extended, shall be deemed to be the Fundamental Change Repurchase Date for all purposes hereof.

Appears in 1 contract

Sources: Indenture (Bentley Systems Inc)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Companysuch Holder’s choosing that is no more than thirty five (35), nor less than twenty (20), ) Business Days after the later of (x) the date the Company sends delivers to such Holder the related Fundamental Change Repurchase Notice pursuant to Section 4.02(E4.02(C); and (y) the effective date of such Fundamental Change.

Appears in 1 contract

Sources: Indenture (Workhorse Group Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E4.03(E).

Appears in 1 contract

Sources: Indenture (Avnet Inc)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E4.02.(E).

Appears in 1 contract

Sources: Indenture (Perficient Inc)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E), subject to extension if required to comply with law as a result of a change in law adopted subsequent to May 7, 2020. For the avoidance of doubt, such date, as so extended, shall be deemed to be the Fundamental Change Repurchase Date for all purposes hereof.

Appears in 1 contract

Sources: Indenture (National Vision Holdings, Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five twenty (3520), nor less than twenty ten (2010), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E8(e).

Appears in 1 contract

Sources: Investment Agreement (Shenandoah Telecommunications Co/Va/)