Common use of Purchase at the Option of the Holder Upon a Fundamental Change Clause in Contracts

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder’s option, to require the Company to purchase any or all of such Holder’s Securities on a date specified by the Company that is no earlier than the 10th calendar day and no later than the 35th calendar day after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 8.03(d)) (the “Fundamental Change Purchase Date”). The Company shall purchase such Securities at a price (the “Fundamental Change Purchase Price”), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be purchased plus accrued and unpaid interest, including any Contingent Interest and Additional Interest, to but excluding the Fundamental Change Purchase Date, unless the Fundamental Change Purchase Date is between a Regular Record Date and the Interest Payment Date to which it relates, in which case the Fundamental Change Purchase Price shall equal 100% of the principal amount of Securities to be purchased, and accrued and unpaid interest, including Contingent Interest and Additional Interest, if any, shall be paid to the Holder of record on the Regular Record Date.

Appears in 1 contract

Sources: First Supplemental Indenture (Flotek Industries Inc/Cn/)

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder’s option, to require the Company to purchase any or all of such Holder’s Securities Notes on a date specified by the Company that is no earlier than the 10th calendar day and no later than the 35th calendar day after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 8.03(d10.03(d)) (the “Fundamental Change Purchase Date”). The Company shall purchase such Securities Notes at a price (the “Fundamental Change Purchase Price”), which shall be paid in cash, equal to 100% of the principal amount of the Securities Notes to be purchased plus accrued and unpaid interest, including any Contingent Interest and Additional Interest, interest to but excluding the Fundamental Change Purchase Date, unless the Fundamental Change Purchase Date is between a Regular Record Date and the Interest Payment Date to which it relates, in which case the Fundamental Change Purchase Price shall equal 100% of the principal amount of Securities Notes to be purchased, purchased and accrued and unpaid interest, including Contingent Interest and Additional Interest, if any, interest shall be paid to the Holder of record on the Regular Record Date.

Appears in 1 contract

Sources: First Supplemental Indenture (Goodrich Petroleum Corp)

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder’s option, to require the Company to purchase any or all of such Holder’s Securities on a date specified by the Company that is no earlier than the 10th calendar day and no later than the 35th calendar day after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 8.03(d)) (the “Fundamental Change Purchase Date”). The Company shall purchase such Securities at a price (the “Fundamental Change Purchase Price”), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be purchased plus accrued and unpaid interest, including any Contingent Interest and Additional Interest, to but excluding the Fundamental Change Purchase Date, unless the Fundamental Change Purchase Date is between a Regular Record Date and the Interest Payment Date to which it relates, in which case the Fundamental Change Purchase Price shall equal 100% of the principal amount of Securities to be purchased, and accrued and unpaid interest, including Contingent Interest and Additional Interest, if any, shall be paid to the Holder of record on the Regular Record Date.

Appears in 1 contract

Sources: First Supplemental Indenture (Flotek Industries Inc/Cn/)

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder’s 's option, to require the Company to purchase any or all of such Holder’s 's Securities on a date specified by the Company that is no earlier than the 10th calendar day and no later than the 35th calendar day 35 days after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 8.03(d11.3(d)) (the "Fundamental Change Purchase Date"). The Securities shall be repurchased in integral multiples of $1,000 of the Principal Amount. The Company shall purchase such Securities at a price (the "Fundamental Change Purchase Price”), which shall be paid in cash, ") equal to 100% of the principal amount of the Securities to be purchased repurchased plus accrued and unpaid interest, including any Contingent Interest Interest, and Additional InterestAmounts, if any, to but excluding the Fundamental Change Purchase Date. Notwithstanding anything herein to the contrary, unless the Fundamental Change Purchase Date is between a Regular Record Date and the Interest Payment Date to which it relates, in which case portion of the Fundamental Change Purchase Price shall equal 100% of the principal amount of Securities to be purchased, and that constitutes accrued and unpaid interest, interest (including any Contingent Interest Interest) and Additional InterestAmounts, if any, on the Securities, shall be paid in cash. No Securities may be repurchased at the option of the Holders due to a Fundamental Change if there has occurred and is continuing an Event of Default (other than an Event of Default that is cured by the Holder payment of record on the Regular Record Datepurchase price of all such Securities).

Appears in 1 contract

Sources: Indenture (HCRC Inc)

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder’s option, to require the Company to purchase any or all of such Holder’s Securities on a date specified by the Company that is no earlier than the 10th calendar day and no later than the 35th calendar day 35 days after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 8.03(d11.3(d)) (the “Fundamental Change Purchase Date”). The Securities shall be repurchased in integral multiples of $1,000 of the Principal Amount. The Company shall purchase such Securities at a price (the “Fundamental Change Purchase Price”), which shall be paid in cash, ) equal to 100% of the principal amount of the Securities to be purchased repurchased plus accrued and unpaid interest, including any Contingent Interest and Additional Interest, to but excluding the Fundamental Change Purchase Date, unless the Fundamental Change Purchase Date is between a Regular Record Date and the Interest Payment Date to which it relates, in which case the . The Fundamental Change Purchase Price shall equal 100% be paid in cash. No Securities may be repurchased at the option of the principal amount Holders due to a Fundamental Change if there has occurred and is continuing an Event of Securities to be purchased, and accrued and unpaid interest, including Contingent Interest and Additional Interest, if any, shall be paid to Default (other than an Event of Default that is cured by the Holder payment of record on the Regular Record DatePurchase Price of all such Securities).

Appears in 1 contract

Sources: Indenture (Manor Care Inc)

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder’s option, to require the Company to purchase any or all of such Holder’s Securities on a date specified by the Company that is no earlier than the 10th calendar day and no later than the 35th calendar day after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 8.03(d)11.02(d) (the “Fundamental Change Purchase Date”)). The Company shall purchase such Securities at a price (the “Fundamental Change Purchase Price”), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be purchased plus accrued and unpaid interest, including any Contingent Interest and Additional Interest, to but excluding the Fundamental Change Purchase Date, unless the Fundamental Change Purchase Date is between a Regular Record Date and the Interest Payment Date to which it relates, in which case the Fundamental Change Purchase Price shall equal 100% of the principal amount of Securities to be purchased, purchased and accrued and unpaid interest, including Contingent Interest and Additional Interest, if any, shall be paid to the Holder of record on the Regular Record Date.

Appears in 1 contract

Sources: Indenture (Hornbeck Offshore Services Inc /La)

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder’s 's option, to require the Company to purchase any all or all a portion of such Holder’s 's Securities on a date specified by the Company that is no earlier than the 10th calendar day and no later than the 35th 35 calendar day days after the date of the Company Notice of the occurrence of such Fundamental Change (Change, subject to extension to comply with applicable law, as provided in Section 8.03(d)) law (the “Fundamental Change Purchase Date”"FUNDAMENTAL CHANGE PURCHASE DATE"). The Securities shall be purchased in multiples of $1,000 of the principal amount. The Company shall purchase such Securities at a price (the “Fundamental Change Purchase Price”"FUNDAMENTAL CHANGE PURCHASE PRICE"), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be purchased plus any accrued and unpaid interest, interest (including any Contingent Interest and Additional Interest) to, to but excluding not including, the Fundamental Change Purchase Date, unless the Fundamental Change Purchase Date is between a Regular Record Date and the Interest Payment Date interest payment date to which it relates, in which case the Fundamental Change Purchase Price shall equal 100% of the principal amount of Securities to be purchased, purchased and any accrued and unpaid interest, interest (including Contingent Interest and any Additional Interest, if any, ) shall be paid to the Holder of record on the Regular Record Date.

Appears in 1 contract

Sources: Indenture (Calgon Carbon Corporation)

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder’s option, to require the Company to purchase any or all of such Holder’s Securities on a date specified by the Company that is no earlier than the 10th calendar day and no later than the 35th 35 calendar day days after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 8.03(d11.03(d)) (the “Fundamental Change Purchase Date”). The Securities shall be repurchased in multiples of $1,000 of the principal amount. The Company shall purchase such Securities at a price (the “Fundamental Change Purchase Price”), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be purchased plus accrued and unpaid interest, including any Contingent Interest and Additional Interest, to but excluding the Fundamental Change Purchase Date, unless the Fundamental Change Purchase Date is between a Regular Record Date and the Interest Payment Date interest payment date to which it relates, in which case the Fundamental Change Purchase Price shall equal 100% of the principal amount of Securities to be purchased, purchased and accrued and unpaid interest, including Contingent Interest and Additional Interest, if any, shall be paid to the Holder of record on the Regular Record Date.

Appears in 1 contract

Sources: Indenture (Group 1 Automotive Inc)

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder’s option, to require the Company to purchase any or all of such Holder’s Securities on a date specified by the Company that is no earlier than the 10th calendar day and no later than the 35th thirty fifth (35th) calendar day after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 8.03(d11.02(d)) (the “Fundamental Change Purchase Date”). The Company shall purchase such Securities at a price (the “Fundamental Change Purchase Price”), which shall be paid in cash, equal to one hundred percent (100% %) of the principal amount of the Securities to be purchased plus accrued and unpaid interest, including any Contingent Interest and Additional Interest, to but excluding the Fundamental Change Purchase Date, unless the Fundamental Change Purchase Date is between a Regular Record Date and the Interest Payment Date to which it relates, in which case the Fundamental Change Purchase Price shall equal one hundred percent (100% %) of the principal amount of Securities to be purchased, purchased and accrued and unpaid interest, including Contingent Interest and Additional Interest, if any, interest shall be paid to the Holder of record on the Regular Record Date.

Appears in 1 contract

Sources: First Supplemental Indenture (Veeco Instruments Inc)