Notice of Certain Transactions. In the event that: (a) the Company takes any action, or becomes aware of any event, which would require an adjustment in the Conversion Rate, (b) the Company takes any action that would require a supplemental indenture pursuant to Section 9.13, or (c) there is a dissolution or liquidation of the Company, the Company shall mail to Holders at the addresses appearing on the Registrar’s books and the Trustee a written notice stating the proposed record, effective or expiration date, as the case may be, of any transaction referred to in clause (a), (b) or (c) of this Section 9.12. The Company shall mail such notice at least twenty (20) days before such date; however, failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (a), (b) or (c) of this Section 9.12.
Appears in 5 contracts
Sources: Indenture (Genta Inc De/), Indenture (Genta Inc De/), Indenture (Genta Inc De/)
Notice of Certain Transactions. In the event that:
(a1) the Company takes any action, or becomes aware of any event, which would require an adjustment in the Conversion Rate,
(b2) the Company takes any action that would require a supplemental indenture pursuant to Section 9.1310.12, or
(c3) there is a dissolution or liquidation of the Company, the Company shall mail to Holders at the addresses appearing on the Registrar’s books and the Trustee a written notice stating the proposed record, effective or expiration date, as the case may be, of any transaction referred to in clause (a1), (b2) or (c3) of this Section 9.1210.11. The Company shall mail such notice at least twenty ten (2010) calendar days before such date; however, failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (a1), (b2) or (c3) of this Section 9.1210.11.
Appears in 4 contracts
Sources: Indenture (Accuray Inc), Indenture (Accuray Inc), Indenture (Accuray Inc)
Notice of Certain Transactions. In the event that:
(a1) the Company takes any action, or becomes aware of any event, which would require an adjustment in the Conversion Rate,
(b2) the Company takes any action that would require a supplemental indenture pursuant to Section 9.138.12 hereof, or
(c3) there is a dissolution or liquidation of the Company, the Company shall mail to Holders at the addresses appearing on the Registrar’s books and the Trustee a written notice stating the proposed record, effective or expiration date, as the case may be, of any transaction referred to in clause (a1), (b2) or (c3) of this Section 9.128.11. The Company shall mail such notice at least twenty (20) calendar days before such date; however, failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (a1), (b2) or (c3) of this Section 9.128.11.
Appears in 3 contracts
Sources: Supplemental Indenture (Health Care Reit Inc /De/), Supplemental Indenture (Health Care Reit Inc /De/), Supplemental Indenture (Health Care Reit Inc /De/)
Notice of Certain Transactions. In the event that:
(a1) the Company takes any action, or becomes aware of any event, which would require an adjustment in the Conversion Rate,
(b2) the Company takes any action that would require a supplemental indenture pursuant to Section 9.1311.11, or
(c3) there is a dissolution or liquidation of the Company, the Company shall mail to Holders at the addresses appearing on the Registrar’s books and the Trustee a written notice stating the proposed record, effective or expiration date, as the case may be, of any transaction referred to in clause (a1), (b2) or (c3) of this Section 9.1211.10. The Company shall mail such notice at least twenty (20) days before such date; however, failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (a1), (b2) or (c3) of this Section 9.1211.10.
Appears in 3 contracts
Sources: Supplemental Indenture (Kendle International Inc), Supplemental Indenture (Alpha Natural Resources, Inc.), Supplemental Indenture (Alpha Natural Resources, Inc.)
Notice of Certain Transactions. In the event that:
(a1) the Company takes any action, or becomes aware of any event, which would require an adjustment in the Conversion Rate,
(b2) the Company takes any action that would require a supplemental indenture pursuant to Section 9.1310.11, or
(c3) there is a dissolution or liquidation of the Company, the Company shall mail to Holders at the addresses appearing on the Registrar’s books and the Trustee a written notice stating the proposed record, effective or expiration date, as the case may be, of any transaction referred to in clause (a1), (b2) or (c3) of this Section 9.1210.10. The Company shall mail such notice at least twenty (20) days before such date; however, failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (a1), (b2) or (c3) of this Section 9.1210.10.
Appears in 3 contracts
Sources: First Supplemental Indenture (Alpha Natural Resources, Inc.), Indenture (Silver Standard Resources Inc), First Supplemental Indenture (Massey Energy Co)
Notice of Certain Transactions. In the event that:
(a) the Company takes any action, or becomes aware of any event, action which would require an adjustment in the Conversion Rate,;
(b) the Company takes any action that would require a supplemental indenture pursuant to Section 9.13consolidates or merges with, or transfers all or substantially all of its property and assets to, another corporation and shareholders of the Company must approve the transaction; or
(c) there is a dissolution or liquidation of the Company, the Company shall give notice to the Trustee and the Company or, at the request and expense of the Company, the Trustee, shall mail to Holders at the addresses appearing on the Registrar’s books and the Trustee a written notice stating the proposed record, record or effective or expiration date, as the case may be, of any transaction referred to in clause (a), (b) or (c) of this Section 9.12. The Company or, at the request and expense of the Company, the Trustee, shall mail such the notice at least twenty (20) ten days before such date; however, failure . Failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (a), (b) or (c) of this Section 9.1214.10.
Appears in 2 contracts
Sources: Indenture (Oscient Pharmaceuticals Corp), Indenture (Guardian II Acquisition CORP)
Notice of Certain Transactions. In the event that:
(a1) the Company takes any action, or becomes aware of any event, which would require an adjustment in the Conversion Rate,
(b2) the Company takes any action that would require a supplemental indenture pursuant to Section 9.1313.11, or
(c3) there is a dissolution or liquidation of the Company, the Company shall mail to Holders at the addresses appearing on the Debenture Registrar’s books and the Trustee a written notice stating the proposed record, effective or expiration date, as the case may be, of any transaction referred to in clause (a1), (b2) or (c3) of this Section 9.1213.10. The Company shall mail such notice at least twenty (20) days before such date; however, failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (a1), (b2) or (c3) of this Section 9.1213.10.
Appears in 2 contracts
Notice of Certain Transactions. In the event that:
(ai) the Company takes any action, or becomes aware of any event, action which would require an adjustment in the Conversion Rate,;
(bii) the Company takes any action that would require requires a supplemental indenture pursuant to Section 9.13, 11.10; or
(ciii) there is a dissolution or liquidation of the Company, ; the Company shall mail to Holders at the addresses appearing on the Registrar’s books and file with the Trustee a written notice stating the proposed record, record or effective or expiration date, as the case may be, of any transaction referred to in clause (a), (b) or (c) of this Section 9.12. The Company shall mail such the notice at least twenty (20) fifteen days before such date; however, failure . Failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (ai), (bii) or (ciii) of this Section 9.1211.09.
Appears in 2 contracts
Sources: Indenture (DST Systems Inc), Indenture (Lockheed Martin Corp)
Notice of Certain Transactions. In the event that:
(a) the Company takes any action, or becomes aware of any event, action which would require an adjustment in the Conversion Rate,;
(b) the Company takes any action that would require a supplemental indenture pursuant to Section 9.13consolidates or merges with, or transfers all or substantially all of its property and assets to, another corporation and shareholders of the Company must approve the transaction; or
(c) there is a dissolution or liquidation of the Company, the Company shall give notice to the Trustee and the Company or, at the request and expense of the Company, the Trustee, shall mail to Holders at the addresses appearing on the Registrar’s books and the Trustee a written notice stating the proposed record, record or effective or expiration date, as the case may be, of any transaction referred to in clause (a), (b) or (c) of this Section 9.12. The Company or, at the request and expense of the Company, the Trustee, shall mail such the notice at least twenty (20) ten days before such date; however, failure . Failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (a), (b) or (c) of this Section 9.1213.10.
Appears in 2 contracts
Sources: Indenture (Oscient Pharmaceuticals Corp), Indenture (Oscient Pharmaceuticals Corp)
Notice of Certain Transactions. In the event that:
(a1) the Company takes any action, or becomes aware of any event, which that would require an adjustment in the Conversion Rate,
(b2) the Company takes any action that would require a supplemental indenture pursuant to Section 9.1310.12, or
(c3) there is a dissolution or liquidation of the Company, the Company shall mail to Holders at the addresses appearing on the Registrar’s books and the Trustee a written notice stating the proposed record, effective or expiration date, as the case may be, of any transaction referred to in clause Clause (a1), (b2) or (c3) of this Section 9.1210.11. The Company shall mail such notice at least twenty (20) days before such date; however, failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause Clause (a1), (b2) or (c3) of this Section 9.1210.11.
Appears in 1 contract
Sources: Indenture (Toreador Resources Corp)
Notice of Certain Transactions. In the event that:
(a) the Company takes any action, or becomes aware of any event, which would require an adjustment in the Conversion Rate,
(b) the Company takes any action that would require the execution and delivery of a supplemental indenture pursuant to Section 9.1310.11, or
(c) there is a dissolution or liquidation of the Company, the Company shall mail to Holders at the addresses appearing on the Registrar’s books and the Trustee a written notice stating the proposed record, effective or expiration date, as the case may be, of any transaction referred to in clause (a), (b) or (c) of this Section 9.1210.10. The Company shall mail such notice at least twenty (20) calendar days before such date; however(or, failure to mail such notice or any defect therein shall not affect in the validity case of any transaction referred event that would require an adjustment in the Conversion Rate pursuant to in clause (aSections 10.05(b), (b10.05(c), 10.05(d) or (c) of this Section 9.12.or
Appears in 1 contract
Sources: Indenture (Arris Group Inc)
Notice of Certain Transactions. In the event that:
(a1) the Company takes any action, or becomes aware of any event, which would require an adjustment in the Conversion Rate,
(b2) the Company takes any action that would require a supplemental indenture pursuant to Section 9.1310.11, or
(c3) there is a dissolution or liquidation of the Company, the Company shall mail to Holders at the addresses appearing on the Registrar’s books and the Trustee a written notice stating the proposed record, effective or expiration date, as the case may be, of any transaction referred to in clause (a1), (b2) or (c3) of this Section 9.1210.10. The Company shall mail such notice at least twenty (20) days before such date; however, failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (a1), (b2) or (c3) of this Section 9.12.10.10. Doc#: US1:12666659v9
Appears in 1 contract
Sources: Indenture (SSR Mining Inc.)
Notice of Certain Transactions. In the event that:
(a1) the Company takes any action, or becomes aware of any event, which would require an adjustment in the Conversion Rate,
(b2) the Company takes any action that would require a supplemental indenture pursuant to Section 9.1310.11, or
(c3) there is a dissolution or liquidation of the Company, the Company shall mail to Holders at the addresses appearing on the Registrar’s books books, and the Trustee and the Conversion Agent, a written notice stating the proposed record, effective or expiration date, as the case may be, of any transaction referred to in clause (a1), (b2) or (c3) of this Section 9.1210.10. The Company shall mail such notice at least twenty (20) calendar days before such date; however, failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (a1), (b2) or (c3) of this Section 9.1210.10.
Appears in 1 contract
Sources: Indenture (Diodes Inc /Del/)
Notice of Certain Transactions. In the event that:
(a1) the Company takes any action, or becomes aware of any event, which that would require an adjustment in the Conversion Rate,;
(b2) the Company takes any action that would require a supplemental indenture pursuant to Section 9.13, 11.11 ; or
(c3) there is a dissolution or liquidation of the Company, ; the Company shall mail to provide Holders at the addresses appearing on the Registrar’s books and the Trustee with a written notice stating the proposed record, effective or expiration date, as the case may be, of any transaction referred to in clause (a1), (b2) or (c3) of this Section 9.1211.10. The Company shall mail provide such notice at least twenty (20) days before such date; however, failure to mail provide such notice or any defect therein shall not affect the validity of any transaction referred to in clause (a1), (b2) or (c3) of this Section 9.1211.10.
Appears in 1 contract
Notice of Certain Transactions. In the event that:
(a1) the Company takes any action, or becomes aware of any event, which would require an adjustment in the Conversion Rate,
(b2) the Company takes any action that would require a supplemental indenture pursuant to Section 9.136.11, or
(c3) there is a dissolution or liquidation of the Company, the Company shall mail to Holders at the addresses appearing on the Registrar’s books books, and the Trustee and the Conversion Agent, a written notice stating the proposed record, effective or expiration date, as the case may be, of any transaction referred to in clause (a1), (b2) or (c3) of this Section 9.126.10. The Company shall mail such notice at least twenty (20) days 20 Business Days before such date; date provided, however, failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (a1), (b2) or (c3) of this Section 9.126.10.
Appears in 1 contract
Sources: First Supplemental Indenture (Epicor Software Corp)