Common use of Special Provisions for Partial Calls Clause in Contracts

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the forty-second (42nd) Scheduled Trading Day immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the Business Day immediately before such Redemption Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, Sections 5.01(C)(i)(4) and 5.07, and the definition of “Make-Whole Fundamental Change.”

Appears in 3 contracts

Sources: Indenture (Stem, Inc.), Indenture (Desktop Metal, Inc.), Indenture (Stem, Inc.)

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the forty-forty second (42nd) Scheduled Trading Day immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the Business Day immediately before such Redemption Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, 4.03 and Sections 5.01(C)(i)(4) and 5.07, and the definition of “Make-Whole Fundamental Change.

Appears in 3 contracts

Sources: Indenture (Winnebago Industries Inc), Second Supplemental Indenture (Spirit Airlines, Inc.), Indenture (Pegasystems Inc)

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the forty-forty second (42nd) Scheduled Trading Day immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the second (2nd) Business Day immediately before such Redemption Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, 4.03 and Sections 5.01(C)(i)(4) and 5.07, and the definition of “Make-Whole Fundamental Change.

Appears in 2 contracts

Sources: Indenture (Envista Holdings Corp), Indenture (Shift4 Payments, Inc.)

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the fortysixty-second (42nd62nd) Scheduled Trading Day immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the second (2nd) Business Day immediately before such Redemption Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, 4.03 and Sections 5.01(C)(i)(4) and 5.07, and the definition of “Make-Whole Fundamental Change.

Appears in 2 contracts

Sources: Indenture (Progress Software Corp /Ma), Indenture (Nextgen Healthcare, Inc.)

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03for Provisional Redemption, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the forty-second tenth (42nd10th) Scheduled Trading Day calendar day immediately before the Optional Redemption Date for such Provisional Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Provisional Redemption, then such Holder or owner, as applicable, will be entitled to convert the conversion of such Note or beneficial interest, as applicable, at any time with a Conversion Date occurring on or before the Close of Business on the second (2nd) Business Day immediately before such Optional Redemption Date, and each such conversion Date will be deemed to be of a Note called for Provisional Redemption for purposes of this Section 4.03, Sections 5.01(C)(i)(4) 4.03 and Section 5.07, and the definition of “Make-Whole Fundamental Change.

Appears in 1 contract

Sources: Indenture (Ascendis Pharma a/S)

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the forty-forty second (42nd) Scheduled Trading Day immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert Exchange such Note or beneficial interest, as applicable, at any time before the Close of Business on the second (2nd) Business Day immediately before such Redemption DateDate (subject to extension pursuant to Section 5.01(C)(i)(4)), and each such conversion Exchange will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, 4.03 and Sections 5.01(C)(i)(4) and 5.07, and the definition of “Make-Whole Fundamental Change.

Appears in 1 contract

Sources: Indenture (Rexford Industrial Realty, Inc.)

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the forty-forty second (42nd) Scheduled Trading Day immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert Convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the second (2nd) Business Day immediately before such Redemption Date, and each such conversion Conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, Sections 5.01(C)(i)(4) and 5.07, and the definition of Make-Whole Fundamental Change.

Appears in 1 contract

Sources: Indenture (Osi Systems Inc)

Special Provisions for Partial Calls. If the Company Company’s elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the forty-thirty second (42nd32nd) Scheduled Trading Day immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the Business Day immediately before such Redemption Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, 4.03 and Sections 5.01(C)(i)(4) and 5.07, and the definition of “Make-Whole Fundamental Change. The Trustee is not obligated to make any determination in connection with this Section 4.03(L).

Appears in 1 contract

Sources: Indenture (SMART Global Holdings, Inc.)

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the forty-forty second (42nd) Scheduled Trading Day immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert Exchange such Note or beneficial interest, as applicable, at any time before the Close of Business on the Business second (2nd) Scheduled Trading Day immediately before such Redemption DateDate (subject to extension pursuant to Section 5.01(C)(i)(4)), and each such conversion Exchange will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, 4.03 and Sections 5.01(C)(i)(4) and 5.07, and the definition of “Make-Whole Fundamental Change.

Appears in 1 contract

Sources: Indenture (SB/RH Holdings, LLC)

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the fortysixty-second (42nd62nd) Scheduled Trading Day immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the Business Day immediately before such Redemption Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, 4.03 and Sections 5.01(C)(i)(4) and Section 5.07, and the definition of “Make-Whole Fundamental Change.

Appears in 1 contract

Sources: First Supplemental Indenture (Cytokinetics Inc)

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the forty-second (42nd) 42nd Scheduled Trading Day immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the second Business Day immediately before such Redemption Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, 4.03 and Sections 5.01(C)(i)(4) and 5.07, and . The Trustee shall have no obligation to make any determination in connection with the definition of “Make-Whole Fundamental Changeforegoing.

Appears in 1 contract

Sources: Indenture (Imax Corp)

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the fortythirty-second (42nd32nd) Scheduled Trading Day immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the Business Day immediately before such Redemption Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, 4.03 and Sections 5.01(C)(i)(4) and 5.07, and the definition of “Make-Whole Fundamental Change.

Appears in 1 contract

Sources: Indenture (Tyler Technologies Inc)

Special Provisions for Partial Calls. If the Company Company’s elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the forty-forty second (42nd) Scheduled Trading Day immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the Business Day immediately before such Redemption Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, 4.03 and Sections 5.01(C)(i)(4) and 5.07, and the definition of “Make-Whole Fundamental Change. The Trustee is not obligated to make any determination in connection with this Section 4.03(L).

Appears in 1 contract

Sources: Indenture (SMART Global Holdings, Inc.)

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the forty-forty second (42nd) Scheduled Trading Day immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the second (2nd) Business Day immediately before such Redemption Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, 4.03 and Sections 5.01(C)(i)(4) and 5.07, and the definition of “Make-Whole Fundamental Change. Article 5.

Appears in 1 contract

Sources: Indenture (Peabody Energy Corp)

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the fortytwenty-second (42nd22nd) Scheduled Trading Day immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the second (2nd) Business Day immediately before such Redemption Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, 4.03 and Sections 5.01(C)(i)(4) and 5.07, and the definition of “Make-Whole Fundamental Change.

Appears in 1 contract

Sources: Indenture (Beyond Meat, Inc.)

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the fortyfifty-second (42nd52nd) Scheduled Trading Day immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the Business Day immediately before such Redemption Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, 4.03 and Sections 5.01(C)(i)(4) and 5.07, and subject to the definition of “Make-Whole Fundamental ChangeDepositary Procedures.

Appears in 1 contract

Sources: Indenture (Aerie Pharmaceuticals Inc)

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.033.10, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the forty-second (42nd) Scheduled Trading Day immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the Business Day immediately before such Redemption Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, 3.10 and Sections 5.01(C)(i)(44.01(b)(v) and 5.07, and the definition of “Make-Whole Fundamental Change4.06.

Appears in 1 contract

Sources: Indenture (Herbalife Nutrition Ltd.)

Special Provisions for Partial Calls. If the Company elects to redeem less fewer than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the fortyfifty-second (42nd52nd) Scheduled Trading Day immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert Convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the Business Day immediately before such Redemption Date, and each such conversion Conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, Sections 5.01(C)(i)(4) 4.03 and Section 5.07, and the definition of Make-Whole Fundamental Change.

Appears in 1 contract

Sources: First Supplemental Indenture (Celcuity Inc.)

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the forty-thirty second (42nd32nd) Scheduled Trading Day immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the second (2nd) Business Day immediately before such Redemption Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, 4.03 and Sections 5.01(C)(i)(4) and 5.07, and the definition of “Make-Whole Fundamental Change.

Appears in 1 contract

Sources: First Supplemental Indenture (Cheesecake Factory Inc)

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global NoteNote is, is in the Company’s judgment, reasonably not able to determine, before the Close of Business on the fortythirty-second (42nd32nd) Scheduled Trading Day immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert Exchange such Note or beneficial interest, as applicable, at any time before the Close of Business on the second (2nd) Business Day immediately before such Redemption Date, and each such conversion Exchange will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, 4.03 and Sections 5.01(C)(i)(4) and 5.07, and the definition of “Make-Whole Fundamental Change.

Appears in 1 contract

Sources: Indenture (Realogy Group LLC)

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the forty-second (42nd) 32nd Scheduled Trading Day immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the Business Day immediately before such Redemption Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, Sections 5.01(C)(i)(4) and 5.07, and the definition of “Make-Whole Fundamental Change.”

Appears in 1 contract

Sources: Indenture (Opendoor Technologies Inc.)

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the fortyfifty-second (42nd52nd) Scheduled Trading Day immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the Business Day immediately before such Redemption Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, 4.03 and Sections 5.01(C)(i)(4) and 5.07, and the definition of “Make-Whole Fundamental Change.

Appears in 1 contract

Sources: Indenture (Air Transport Services Group, Inc.)

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.034.04, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the forty-second (42nd) 32nd Scheduled Trading Day immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the Business Day immediately before such Redemption Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.034.04, Sections 5.01(C)(i)(4) and 5.07, and the definition of “Make-Whole Fundamental Change.”

Appears in 1 contract

Sources: Indenture (Opendoor Technologies Inc.)

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the fortyfifty-second (42nd52nd) Scheduled Trading Day immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the second (2nd) Business Day immediately before such Redemption Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, 4.03 and Sections 5.01(C)(i)(4) and 5.07, and the definition of “Make-Whole Fundamental Change.

Appears in 1 contract

Sources: Indenture (Progress Software Corp /Ma)