Common use of Notice of Certain Transactions Clause in Contracts

Notice of Certain Transactions. In the event that: (1) the Company takes any action which would require an adjustment in the Conversion Price; (2) the Company consolidates 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 (3) there is a dissolution or liquidation of the Company, the Company shall mail to Holders and file with the Trustee a notice stating the proposed record or effective date, as the case may be. The Company shall mail the notice at least ten days before such date. Failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (1), (2) or (3) of this Section 4.10.

Appears in 17 contracts

Sources: Indenture (St Mary Land & Exploration Co), Indenture (Symantec Corp), Indenture (Fair Isaac Corp)

Notice of Certain Transactions. In the event that: (1) the Company takes any action which would require an adjustment in the Conversion PriceRate; (2) the Company consolidates 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 (3) there is a dissolution or liquidation of the Company, the Company shall mail to Holders and file with the Trustee a notice stating the proposed record or effective date, as the case may be. The Company shall mail the notice at least ten days before such date. Failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (1), (2) or (3) of this Section 4.10.

Appears in 5 contracts

Sources: Indenture (Rf Micro Devices Inc), Indenture (Americredit Corp), Indenture (Americredit Financial Services of Canada LTD)

Notice of Certain Transactions. In the event that: (1) the Company takes any action which would require an adjustment in the Conversion Price; (2) the Company consolidates 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 (3) there is a dissolution or liquidation of the Company, the Company shall mail to Holders Securityholders and file with the Trustee a notice stating the proposed record or effective date, as the case may be. The Company shall mail the notice at least ten days before such date. Failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (1), (2) or (3) of this Section 4.10.

Appears in 5 contracts

Sources: Indenture (Einstein Noah Bagel Corp), Indenture (Asc Holdings Inc), Indenture (Boston Chicken Inc)

Notice of Certain Transactions. In the event that: (1) the The Company takes any action which would require an adjustment in the Conversion Price; (2) the The Company consolidates or merges with, or transfers all or substantially all of its property and assets to, another corporation and shareholders stockholders of the Company must approve the transaction; or (3) there There is a dissolution or liquidation of the Company, the Company shall mail to Holders Securityholders and file with the Trustee a notice stating the proposed record or effective date, as the case may be. The Company shall mail the notice at least ten 10 days before such date. Failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (1), (2) or (3) of this Section 4.104.11.

Appears in 2 contracts

Sources: Indenture (Birner Dental Management Services Inc), Convertible Subordinated Debenture Indenture (Birner Dental Management Services Inc)

Notice of Certain Transactions. In the event that: (1) the Company takes any action which would require an adjustment in the Conversion Price; (2) the Company consolidates 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 (3) there is a dissolution or liquidation of the Company, the Company shall mail to Holders Securityholders and file with the Trustee a notice stating the proposed record or effective date, as the case may be. The Company shall mail the notice at least ten days before such date. Failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (1), (2) or (3) of this Section 4.10.

Appears in 2 contracts

Sources: Indenture (Global Telesystems Group Inc), Indenture (Equity Corp International)

Notice of Certain Transactions. In the event that: (1) the Company takes any action which would require an adjustment in the Conversion PriceRate; (2) the Company consolidates or merges with, or transfers all or substantially all of its property and assets to, another corporation and shareholders stockholders of the Company must approve the transaction; or (3) there is a dissolution or liquidation of the Company, the Company shall mail to Holders and file with the Trustee a notice stating the proposed record or effective date, as the case may be. The Company shall mail the notice at least ten days before such date. Failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (1), (2) or (3) of this Section 4.10.

Appears in 2 contracts

Sources: Indenture (Invision Technologies Inc), Indenture (Emulex Corp /De/)

Notice of Certain Transactions. In the event that: (1) the Company takes any action which that would require an adjustment in the Conversion PriceRate; (2) the Company consolidates or merges with, or transfers sells, leases, conveys or otherwise disposes all or substantially all of its property and assets to, another corporation and shareholders of the Company must approve the transactionPerson; or (3) there is a dissolution or liquidation of the Company, the Company shall mail to Holders and file with the Trustee a notice stating the proposed record or effective date, as the case may be. The Company shall mail the notice at least ten days before such date. Failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (1), (2) or (3) of this Section 4.105.09.

Appears in 1 contract

Sources: Indenture (Century Aluminum Co)

Notice of Certain Transactions. In the event that: (1a) the Company takes any action which would require an adjustment in the Conversion Price; (2b) the Company consolidates 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 transactiontakes any action that would require a supplemental indenture pursuant to Section 5.13; or (3c) 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 notice stating the proposed record or effective date, as the case may be. The Company shall mail the notice at least ten 15 days before such date. Failure ; however, failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (1a), (2b) or (3c) of this Section 4.105.12.

Appears in 1 contract

Sources: Supplemental Indenture (Sci Systems Inc)

Notice of Certain Transactions. In the event that: (1) the Company takes any action which would require an adjustment in the Conversion Price; (2) the Company consolidates 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 (3) there is a dissolution or liquidation of the Company, the Company shall mail to Holders and file with the Trustee a notice stating the proposed record or effective date, as the case may be. The Company shall mail the notice at least ten days before such date. Failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (1), (2) or (3) of this Section 4.104.11.

Appears in 1 contract

Sources: Indenture (Penney J C Co Inc)

Notice of Certain Transactions. In the event that: (1) the Company takes any action which would require an adjustment in the Conversion Price; (2) the Company consolidates or merges with, or transfers all or substantially all of its property and assets to, another corporation and shareholders stockholders of the Company must approve the transaction; or (3) there is a dissolution or liquidation of the Company, the Company shall mail to Holders Securityholders and file with the Trustee a notice stating the proposed record or effective date, as the case may be. The Company shall mail the notice at least ten days before such date. Failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (1), (2) or (3) of this Section 4.104.11.

Appears in 1 contract

Sources: Indenture (Sterling Software Inc)

Notice of Certain Transactions. In the event that: (1) the Company takes any action which would require an adjustment in the Conversion PriceRate; (2) the Company consolidates 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 (3) there is a dissolution or liquidation of the Company, the Company shall mail to Holders and file with the Trustee a notice stating the proposed record or effective date, as the case may be. The Company shall mail the notice at least ten days before such date. Failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (1), (2) or (3) of this Section 4.1013.10.

Appears in 1 contract

Sources: Indenture (Cadence Design Systems Inc)

Notice of Certain Transactions. In the event thatIf: (1) the Company takes any action which would require an adjustment in the Conversion Price;Rate, (2) the Company consolidates or merges withtakes any action that requires a supplemental indenture pursuant to Section 1511, or transfers all or substantially all of its property and assets to, another corporation and shareholders of the Company must approve the transaction; or (3) there is a dissolution or liquidation of the Company, the Company shall mail to Holders and file with the Trustee a notice stating the proposed record or effective date, as the case may be. The Company shall mail the notice at least ten 15 days (seven days in the case of an adjustment to the Conversion Rate pursuant to Section 1513) before such date. Failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (1), (2) or (3) of this Section 4.101510.

Appears in 1 contract

Sources: Second Supplemental Indenture (Weatherford International Inc /New/)

Notice of Certain Transactions. In the event that: (1a) the Company takes any action which would require an adjustment in the Conversion Price; (2b) the Company consolidates 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 transactiontakes any action that would require a supplemental indenture pursuant to Section 5.13; or (3c) there is a dissolution or liquidation of the Company, ; the Company shall mail to Holders Noteholders at the addresses appearing on the Registrar's books and file with the Trustee a notice stating the proposed record or effective date, as the case may be. The Company shall mail the notice at least ten 15 days before such date. Failure ; however, failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (1a), (2b) or (3c) of this Section 4.105.12.

Appears in 1 contract

Sources: Indenture (Gilat Satellite Networks LTD)

Notice of Certain Transactions. In the event that: (1) the Company takes any action which would require an adjustment in the Conversion Price; (2) the Company consolidates or merges with, or transfers all or substantially all of its property and assets to, another corporation and shareholders stockholders of the Company must approve the transaction; or (3) there is a dissolution or liquidation of the Company, ; the Company shall mail to Holders and file with the Trustee a notice stating the proposed record or effective date, as the case may be. The Company shall mail the notice at least ten 10 days before such date. Failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (1), (2) or (3) of this Section 4.10.

Appears in 1 contract

Sources: Indenture (Act Manufacturing Inc)

Notice of Certain Transactions. In the event that: (1) the Company takes any action which would require an adjustment in the Conversion Price; ; (2) the Company consolidates 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 or (3) there is a dissolution or liquidation of the Company, the Company shall mail to Holders and file with the Trustee a notice stating the proposed record or effective date, as the case may be. The Company shall mail the notice at least ten days before such date. Failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (1), (2) or (3) of this Section 4.10.

Appears in 1 contract

Sources: Indenture (Rf Micro Devices Inc)

Notice of Certain Transactions. In the event that: (1) the Company takes any action which would require an adjustment in the Conversion Price; (2) the Company consolidates or merges with, or transfers all or substantially all of its property and assets to, another corporation and shareholders stockholders of the Company must approve the transaction; or (3) there is a dissolution or liquidation of the Company, the Company shall mail to Holders Securityholders and file with the Trustee a notice stating the proposed record or effective date, as the case may be. The Company shall mail the notice at least ten days before such date. Failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (1), (2) or (3) of this Section 4.1010.11.

Appears in 1 contract

Sources: Indenture (Trans World Airlines Inc /New/)

Notice of Certain Transactions. In the event that: (1) the Company takes any action which would require an adjustment in the Conversion PriceRate; (2) the Company consolidates 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 (3) there is a dissolution or liquidation of the Company, the Company shall mail to Holders and file with the Trustee a notice stating the proposed record or effective date, as the case may be. The Company shall mail the notice at least ten days before such date. Failure to mail such notice or any defect therein shall not affect the validity of any transaction referred to in clause (1), (2) or (3) of this Section 4.106.8.

Appears in 1 contract

Sources: Indenture (Quanex Corp)