Common use of Notice of Intention to Fix Record Date Clause in Contracts

Notice of Intention to Fix Record Date. The Borrower covenants to and in favour of the Lender and the Administrative Agent that so long as any Principal Amount hereunder remains outstanding, it shall give written notice to the Administrative Agent of its intention to fix a record date for any event referred to in Section 5.3 which may give rise to an adjustment in the Conversion Price and, in each case, such notice must specify the particulars of such event, the record date and the effective date for such event; provided that the Borrower is only required to specify in such notice such particulars of such event as have been fixed and determined on the date on which such notice is given. Such notice must be given not less than five (5) Business Days, in each case, prior to such applicable record date or effective date.

Notice of Intention to Fix Record Date. The Borrower covenants to and in favour of the Lender Finance Parties and the Administrative Agent that so long as any Principal Amount hereunder remains outstanding, it shall give written notice to the Administrative Agent of its intention to fix a record date for any event referred to in Section 5.3 which may give rise to an adjustment in the Conversion Price and, in each case, such notice must specify the particulars of such event, the record date and the effective date for such event; provided that the Borrower is only required to specify in such notice such particulars of such event as have been fixed and determined on the date on which such notice is given. Such notice must be given not less than five (5) Business Days, in each case, prior to such applicable record date or effective date.