Repurchase of Notes Upon a Fundamental Change Clause Samples
The "Repurchase of Notes Upon a Fundamental Change" clause requires the issuer to offer to buy back outstanding notes from noteholders if a significant corporate event, such as a merger, acquisition, or sale of substantial assets, occurs. Typically, this clause outlines the specific events that trigger the repurchase obligation, the process for notifying noteholders, and the price at which the notes will be repurchased, often at par or a specified premium. Its core function is to protect noteholders by giving them an exit option if the issuer undergoes major changes that could affect the value or risk profile of the notes.
Repurchase of Notes Upon a Fundamental Change. Section 16.01. [Reserved]
Repurchase of Notes Upon a Fundamental Change. Section 3.01. Repurchase at Option of Holders upon a Fundamental Change 21 Section 3.02. Repayment to the Company 25
Repurchase of Notes Upon a Fundamental Change. (a) If a Fundamental Change occurs at any time prior to the Maturity Date, each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s Notes, or any portion of the principal amount thereof properly surrendered and not validly withdrawn pursuant to Section 14.03 in an Authorized Denomination, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 15 nor more than 19 Business Days following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the aggregate principal amount thereof, plus the Fundamental Change Repurchase Premium, plus any accrued and unpaid interest thereon at the full amount of Stated Interest (including both the cash interest and PIK Interest portions thereof) to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”); provided, however, that if the Fundamental Change Repurchase Date falls after an Interest Record Date but on or prior to the Interest Payment Date to which such Interest Record Date relates, then (i) the Company shall instead pay, on such Interest Payment Date, to the Holder of record as of the close of business on such Interest Record Date the full amount of accrued and unpaid interest at the full amount of Stated Interest (including both the cash interest and PIK Interest portions thereof) that would have accrued on such Notes to, but excluding, such Interest Payment Date (assuming, solely for these purposes, that such Notes remained outstanding through such Interest Payment Date), and (ii) the Holder of such Notes to be repurchased on the Fundamental Change Repurchase Date will be entitled to receive the Fundamental Change Repurchase Price in cash in an amount equal to 100% of the aggregate principal amount of Notes to be repurchased pursuant to this Section 14.02, plus the Fundamental Change Repurchase Premium on such Notes. Any Notes so repurchased by the Company shall be paid for in cash.
(b) Repurchases of Notes under this Section 14.02 shall be made, at the option of the Holder thereof, upon:
(i) delivery to the Paying Agent by a Holder of a duly completed written notice (the “Fundamental Change Repurchase Notice”) in the form of the Form of Fundamental Change Repurchase Notice, if the Notes are Physical Notes, or in compliance with the Applicable Procedures for surrendering interests in Global Notes, if the Notes are Global Note...
Repurchase of Notes Upon a Fundamental Change. Section 15.01 [Reserved] 80 Section 15.02 Repurchase at Option of Holders Upon a Fundamental Change 80 Section 15.03 Withdrawal of Fundamental Change Repurchase Notice 82 Section 15.04 Deposit of Fundamental Change Repurchase Price 83 Section 15.05 Covenant to Comply with Applicable Laws Upon Repurchase of Notes 83
Repurchase of Notes Upon a Fundamental Change. (a) Not later than 30 days following a Fundamental Change, unless the Company has exercised its option to redeem all the Notes pursuant to Section 3.01, the Company will make an Fundamental Change Offer to purchase all outstanding Notes at a purchase price equal to 101% of the principal amount thereof on the date of purchase plus accrued and unpaid interest, if any, to the date of purchase (subject to the right of Holders of record on the relevant Record Date to receive interest due on the relevant Interest Payment Date).
Repurchase of Notes Upon a Fundamental Change. Section 15.01 [Reserved].
Repurchase of Notes Upon a Fundamental Change