Notice of the Occurrence of a Make-Whole Fundamental Change Clause Samples
The "Notice of the Occurrence of a Make-Whole Fundamental Change" clause requires a party, typically the issuer of a security, to formally notify holders when a significant event—classified as a Make-Whole Fundamental Change—has taken place. This notification must be delivered within a specified timeframe and include details about the nature of the change, its effective date, and the rights or options available to the holders, such as the ability to convert securities or receive additional compensation. The core function of this clause is to ensure that affected parties are promptly informed of major changes that could impact their investment, thereby enabling them to make timely and informed decisions regarding their holdings.
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F).
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent (if other than the Trustee) of each Make-Whole Fundamental Change in accordance with Section 5.01(C)(i)(3)(b).
Notice of the Occurrence of a Make-Whole Fundamental Change. If a Make-Whole Fundamental Change occurs, then, promptly and in no event later than the Business Day immediately after the Make-Whole Fundamental Change Effective Date of such Make-Whole Fundamental Change, the Issuer will notify the Purchasers of the occurrence of such Make-Whole Fundamental Change and of such Make-Whole Fundamental Change Effective Date, briefly stating the circumstances under which the Conversion Rate will be increased pursuant to this Section 2.9 in connection with such Make-Whole Fundamental Change.
Notice of the Occurrence of a Make-Whole Fundamental Change. If a Make-Whole Fundamental Change occurs pursuant to clause (A) of the definition thereof, then, in no event later than the Business Day immediately after the Make-Whole Fundamental Change Effective Date of such Make-Whole Fundamental Change, the Company will notify the Holders, the Trustee and the Conversion Agent (if other than the Trustee) in writing of the Make-Whole Fundamental Change Effective Date of such Make-Whole Fundamental Change, briefly stating the circumstances under which the Conversion Rate will be increased pursuant to this Section 5.07 in connection with such Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F).
Notice of the Occurrence of a Make-Whole Fundamental Change. If a Make-Whole Fundamental Change occurs, then, in no event later than the Business Day immediately after the occurrence of such Make-Whole Fundamental Change, the Company will notify the Holders, the Trustee and the Conversion Agent (if other than the Trustee) of the occurrence of such Make-Whole Fundamental Change and of such effective date, briefly stating the circumstances under which the Conversion Rate will be increased pursuant to this Section 5.07 in connection with such Make-Whole Fundamental Change.
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change no later than the second (2nd) Business Day after the effective date of such Make- Whole Fundamental Change (in the case of a Make-Whole Fundamental Change pursuant to clause (A) of the definition thereof) or in accordance with Section 4.03 (in the case of a Make-Whole Fundamental Change pursuant to clause (B) of the definition thereof).
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change no later than three (3) Business Days after the effective date of such Make-Whole Fundamental Change.
Notice of the Occurrence of a Make-Whole Fundamental Change. No later than the fifth (5th) Business Day after the effective date of a Make-Whole Fundamental Change, the Company will send notice to the Holders, the Trustee and the Conversion Agent of such transaction and such effective date.
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change in accordance with Section 5.01(C)(i)(3)(b) (or, if the effective date of such Make-Whole Fundamental Change is on or after April 15, 2025, no later than such effective date).
Notice of the Occurrence of a Make-Whole Fundamental Change. The Borrower will notify the Holder and the Holder Representative in writing of each Make-Whole Fundamental Change in accordance with Section 4(f).