Common use of Notice of Certain Transactions Clause in Contracts

Notice of Certain Transactions. If: (1) the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.06, 11.07 or 11.08 (unless no adjustment is to occur pursuant to Section 11.10); or (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.14; or (3) there is a liquidation or dissolution of the Company; then the Company shall mail to Securityholders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 15 contracts

Sources: Indenture (CBRL Group Inc), Indenture (Bergen Brunswig Corp), Indenture (CBRL Group Inc)

Notice of Certain Transactions. If: (1a) the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.06, 11.07 or 11.08 (unless no adjustment is to occur pursuant to Section 11.10); or (2b) the Company takes any action that would require a supplemental indenture pursuant to Section 11.14; or (3c) there is a liquidation or dissolution of the Company; then the Company shall mail to Securityholders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 5 contracts

Sources: Indenture (Alaska Air Group Inc), Indenture (Mesa Air Group Inc), Indenture (Affiliated Managers Group Inc)

Notice of Certain Transactions. If: (1) the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.0610.6, 11.07 10.7 or 11.08 10.8 (unless no adjustment is to occur pursuant to Section 11.1010.10); or (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.1410.14; or (3) there is a liquidation or dissolution of the Company; then the Company shall mail to Securityholders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 4 contracts

Sources: Indenture (Best Buy Co Inc), Indenture (Best Buy Co Inc), Indenture (Cendant Corp)

Notice of Certain Transactions. If: (1) the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.061306, 11.07 1307 or 11.08 1308 (unless no adjustment is to occur pursuant to Section 11.101310); or (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.141314; or (3) there is a liquidation or dissolution of the Company; then the Company shall mail to Securityholders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 4 contracts

Sources: Eleventh Supplemental Indenture (Royal Caribbean Cruises LTD), Eleventh Supplemental Indenture (Royal Caribbean Cruises LTD), Tenth Supplemental Indenture (Royal Caribbean Cruises LTD)

Notice of Certain Transactions. If: (1) the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.0610.06, 11.07 10.07 or 11.08 10.08 (unless no adjustment is to occur pursuant to Section 11.1010.10); or (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.1410.14; or (3) there is a liquidation or dissolution of the Company; then the Company shall mail to Securityholders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or of the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 3 contracts

Sources: Indenture (Multiverse Acquisition Corp), Indenture (Talk Radio Network Inc), Indenture (Costco Companies Inc)

Notice of Certain Transactions. If: (1) the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.061506, 11.07 1507 or 11.08 1508 (unless no adjustment is to occur pursuant to Section 11.101510); or (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.141514; or (3) there is a liquidation or dissolution of the Company; , then the Company shall mail to Securityholders Holders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or of the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 3 contracts

Sources: Third Supplemental Indenture (Pride International Inc), First Supplemental Indenture (Pride International Inc), Third Supplemental Indenture (Pride International Inc)

Notice of Certain Transactions. If: (1) the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.0610.06, 11.07 10.07 or 11.08 10.08 (unless no adjustment is to occur pursuant to Section 11.1010.10); or (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.1410.14; or (3) there is a liquidation or dissolution of the Company; then the Company shall mail to Securityholders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 20 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 3 contracts

Sources: Indenture (Laboratory Corp of America Holdings), Indenture (Supervalu Inc), Indenture (Laboratory Corp of America Holdings)

Notice of Certain Transactions. If: (1) the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.0610.06, 11.07 10.07 or 11.08 10.08 (unless no adjustment is to occur pursuant to Section 11.1010.10); or (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.1410.14; or (3) there is a liquidation or dissolution of the Company; then the Company shall mail to Securityholders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 3 contracts

Sources: Indenture (Omnicom Group Inc), Indenture (Omnicom Capital Inc), Indenture (Omnicom Group Inc)

Notice of Certain Transactions. If:: --------------------------------------------- (1) the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.06, 11.07 or 11.08 (unless no adjustment is to occur pursuant to Section 11.10); or (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.14; or (3) there is a liquidation or dissolution of the Company; then the Company shall mail to Securityholders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 3 contracts

Sources: Indenture (Marriott International Inc /Md/), Indenture (Lowes Companies Inc), Indenture (Lowes Companies Inc)

Notice of Certain Transactions. If: (1) the Company takes any action that would require an adjustment in the Conversion Rate conversion price pursuant to Section 11.0615.6 or an applicable Board Resolution, 11.07 Supplemental Indenture or 11.08 (unless no adjustment is Officer’s Certificate and if the Company does not permit Securityholders to occur participate pursuant to Section 11.10); or15.8; (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.1415.12; or (3) there is a liquidation or dissolution of the Company; then , (4) the Company shall mail to Securityholders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchangetransfer, transferlease, liquidation or dissolution. The Company shall file and mail the notice at least 15 20 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 3 contracts

Sources: Indenture (LTC Properties Inc), Indenture (LTC Properties Inc), Indenture (LTC Properties Inc)

Notice of Certain Transactions. If: (1a) the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.06Sections 10.06(a), 11.07 (b), (c), (d) or 11.08 (unless no adjustment is to occur pursuant to Section 11.10e); or (2b) the Company takes any action that would require a supplemental indenture pursuant to Section 11.1410.09; or (3c) there is a liquidation or dissolution of the Company; then the Company shall mail to Securityholders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 2 contracts

Sources: Indenture (Palm Harbor Homes Inc /Fl/), Indenture (Avatar Holdings Inc)

Notice of Certain Transactions. If: (1) the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.0610.6, 11.07 10.7, 10.8 or 11.08 10.9 (unless no adjustment is to occur pursuant to Section 11.1010.11); or (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.1410.16; or (3) there is a liquidation or dissolution of the Company; then the Company shall mail to Securityholders Holders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend dividend, distribution or distribution subdivision or the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 2 contracts

Sources: Indenture (Cendant Corp), Indenture (Xl Capital LTD)

Notice of Certain Transactions. If: (1) the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.0615.6, 11.07 15.7, 15.8 or 11.08 15.9 (unless no adjustment is to occur pursuant to Section 11.1015.11); or (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.1415.15; or (3) there is a liquidation or dissolution of the Company; then the Company shall mail to Securityholders Holders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 2 contracts

Sources: Convertible Debentures Supplemental Indenture (International Paper Co /New/), Convertible Debentures Supplemental Indenture (International Paper Co /New/)

Notice of Certain Transactions. If: (1) the Company Issuer takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.06, 11.07 or 11.08 (unless no adjustment is to occur pursuant to Section 11.10); or; (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.14; or (3) there is a liquidation or dissolution of the CompanyIssuer; or (3) a Share Separation occurs; then the Company Issuer shall mail to Securityholders by first-class mail and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company Issuer shall file and mail the notice at least 15 20 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 2 contracts

Sources: Indenture (Starwood Hotel & Resorts Worldwide Inc), Indenture (Starwood Hotel & Resorts Worldwide Inc)

Notice of Certain Transactions. If: (1) the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.061506, 11.07 1507, 1508 or 11.08 1509 (unless no adjustment is to occur pursuant to Section 11.101511); or (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.141515; or (3) there is a liquidation or dissolution of the Company; , then the Company shall mail to Securityholders Holders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or of the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 2 contracts

Sources: Sixth Supplemental Indenture (Pride International Inc), Fifth Supplemental Indenture (Pride International Inc)

Notice of Certain Transactions. If:: ---------------------------------------------- (1) the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.06, 11.07 or 11.08 (unless no adjustment is to occur pursuant to Section 11.10); or (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.14; or (3) there is a liquidation or dissolution of the Company; then the Company shall mail to Securityholders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 2 contracts

Sources: Indenture (Danaher Corp /De/), Indenture (Kohls Corporation)

Notice of Certain Transactions. If:: ------------------------------ (1) the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.06, 11.07 or 11.08 (unless no adjustment is to occur pursuant to Section 11.10); or (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.14; or (3) there is a liquidation or dissolution of the Company; then the Company shall mail to Securityholders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or of the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 2 contracts

Sources: Indenture (Times Mirror Co /New/), Indenture (Merrill Lynch Preferred Capital Trust V)

Notice of Certain Transactions. If: (1) the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.0613.06, 11.07 13.07 or 11.08 13.08 (unless no adjustment is to occur pursuant to Section 11.1013.10); or (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.1413.14; or (3) there is a liquidation or dissolution of the Company; then the Company shall mail to Securityholders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 1 contract

Sources: Indenture (Avon Products Inc)

Notice of Certain Transactions. If:: ------------------------------ (1) the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.061706, 11.07 1707 or 11.08 1708 (unless no adjustment is to occur pursuant to Section 11.101710); or (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.141714; or (3) there is a liquidation or dissolution of the Company; then the Company shall mail to Securityholders Noteholders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 20 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 1 contract

Sources: First Supplemental Indenture (Sonic Automotive Inc)

Notice of Certain Transactions. If: (1) the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.06, 11.07 or 11.08 (unless no adjustment is to occur pursuant to Section 11.10); or (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.14; or (3) there is a liquidation or dissolution of the Company; then the Company shall mail to Securityholders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or of the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 1 contract

Sources: Indenture (Brightpoint Inc)

Notice of Certain Transactions. If: (1) the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.061506, 11.07 1507 or 11.08 1508 (unless no adjustment is to occur pursuant to Section 11.101510); or (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.141514; or (3) there is a liquidation or dissolution of the Company; then the Company shall mail to Securityholders Holders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or of the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 1 contract

Sources: First Supplemental Indenture (Pride International Inc)

Notice of Certain Transactions. If: (1a) the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.06, 11.07 or 11.08 4.2 (unless no adjustment is to occur pursuant to Section 11.102.14); or (2b) the Company takes any action that would require a supplemental indenture pursuant to Section 11.144.8; or (3c) there is a liquidation or dissolution of the Company; then the Company shall mail to Securityholders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 1 contract

Sources: Second Supplemental Trust Indenture (Capital Automotive Reit)

Notice of Certain Transactions. If: (1) : the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.06306, 11.07 307 or 11.08 308 (unless no adjustment is to occur pursuant to Section 11.10310); or (2) or the Company takes any action that would require a supplemental indenture pursuant to Section 11.14314; or (3) or there is a liquidation or dissolution of the Company; then the Company shall mail to Securityholders Noteholders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 1 contract

Sources: Second Supplemental Indenture (Lowes Companies Inc)

Notice of Certain Transactions. If: (1) the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.067.6, 11.07 7.7 or 11.08 7.8 (unless no adjustment is to occur pursuant to Section 11.107.10); or (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.147.14; or (3) there is a liquidation or dissolution of the Company; then the Company shall mail to Securityholders Holders of the Notes and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 1 contract

Sources: Supplemental Indenture (Aol Time Warner Inc)

Notice of Certain Transactions. If:: ------------------------------ (1) the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.0610.6, 11.07 10.7 or 11.08 10.8 (unless no adjustment is to occur pursuant to Section 11.1010.10); or (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.1410.14; or (3) there is a liquidation or dissolution of the Company; then the Company shall mail to Securityholders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 1 contract

Sources: Indenture (Tyco International LTD /Ber/)

Notice of Certain Transactions. If:: ------------------------------ (1) the Company takes any action that would require an adjustment in the Conversion Rate Price pursuant to Section 11.0610.6, 11.07 10.7 or 11.08 10.8 (unless no adjustment is to occur pursuant to Section 11.1010.10); or (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.1410.14; or (3) there is a liquidation or dissolution of the Company; then the Company shall mail to Securityholders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 1 contract

Sources: Indenture (Reebok International LTD)

Notice of Certain Transactions. If: (1) the Company takes any action that would require an adjustment in the Conversion Rate conversion price pursuant to Sections 10.06, 10.07, 10.08, 10.09 or 10.10 and if the Company does not let Securityholders participate pursuant to Section 11.06, 11.07 or 11.08 (unless no adjustment is to occur pursuant to Section 11.10); or10.14; (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.1410.18; or (3) there is a liquidation or dissolution of the Company; then , the Company shall mail to Securityholders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or the proposed effective date of a subdivision, combination, 33 40 reclassification, consolidation, merger, binding share exchangetransfer, transferlease, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 1 contract

Sources: Indenture (Excel Legacy Corp)

Notice of Certain Transactions. If: (1) the Company takes any action that would require an adjustment in the Conversion Rate pursuant to Section 11.069.06, 11.07 9.07, 9.08 or 11.08 9.09 (unless no adjustment is to occur pursuant to Section 11.109.11); or (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.149.15; or (3) there is a liquidation or dissolution of the Company; then the Company shall mail to Securityholders Holders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend dividend, distribution or distribution subdivision or the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchange, transfer, liquidation or dissolution. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 1 contract

Sources: First Supplemental Indenture (Mirant Corp)

Notice of Certain Transactions. If: (1) the Company takes makes any action distribution or dividend that would require an adjustment in the Conversion Rate pursuant to Section 11.06, 11.07 or 11.08 (unless no adjustment is to occur pursuant to Section 11.10)11.08; or (2) the Company takes any action that would require a supplemental indenture pursuant to Section 11.14; or (3) there is a liquidation or dissolution of the Company; then the Company shall mail or shall deliver to the Trustee and direct the Trustee to mail to Securityholders and file with the Trustee and the Conversion Agent a notice stating the proposed record date for a dividend or distribution or the proposed effective date of a subdivision, combination, reclassification, consolidation, merger, binding share exchangesale, transfer, dissolution, liquidation or dissolutionwinding-up. The Company shall file and mail the notice at least 15 days before such date. Failure to file or mail the notice or any defect in it shall not affect the validity of the transaction.

Appears in 1 contract

Sources: Indenture (Triarc Companies Inc)