Common use of Fundamental Change Repurchase Date Clause in Contracts

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).

Appears in 133 contracts

Samples: Indenture (Haemonetics Corp), Indenture (Peloton Interactive, Inc.), Indenture (SB/RH Holdings, LLC)

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Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty thirty-five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).

Appears in 8 contracts

Samples: Supplemental Indenture (Maxeon Rooster HoldCo, Ltd.), Indenture (Nikola Corp), Indenture (Bloom Energy Corp)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date Date” means, for any Fundamental Change, the date specified by the Company in the Fundamental Change Notice for such Fundamental Change, which date will be a not less than twenty (20) Business Day of the Company’s choosing that is no Days, nor more than thirty five (35)) Business Days, nor less than twenty (20), Business Days after immediately following the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E)Date for such Fundamental Change.

Appears in 6 contracts

Samples: Xtant Medical Holdings, Inc., Xtant Medical Holdings, Inc., Xtant Medical Holdings, Inc.

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).

Appears in 6 contracts

Samples: Indenture (Edgio, Inc.), Indenture (2U, Inc.), Indenture (Imax Corp)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the CompanyHolder’s choosing that is no more than thirty five (35), nor less than twenty (20), ) Business Days after the later of (x) the date the Company sends delivers to the Holder the related Fundamental Change Notice pursuant to Section 4.02(E6(C); and (y) the effective date of such Fundamental Change.

Appears in 6 contracts

Samples: Second Note Amendment (Velo3D, Inc.), Note Amendment (Velo3D, Inc.), Securities Purchase Agreement (Velo3D, Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date Date” means, for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35)Change, nor less than twenty (20), Business Days after the date specified by the Company sends Issuer in the related Fundamental Change Notice pursuant to Section 4.02(E)for such Fundamental Change, which date will be not less than 20 or more than 35 Business Days, following the Fundamental Change Notice Date for such Fundamental Change.

Appears in 5 contracts

Samples: Indenture (Jazz Pharmaceuticals PLC), Indenture (Jazz Pharmaceuticals PLC), Atlas Corp.

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date Date” means, for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35)Change, nor less than twenty (20), Business Days after the date specified by the Company sends in the related Fundamental Change Notice pursuant to Section 4.02(E)for such Fundamental Change, which date will be not less than 20 Business Days, nor more than 35 Business Days, immediately following the Fundamental Change Notice Date for such Fundamental Change.

Appears in 5 contracts

Samples: First Supplemental Indenture (Par Technology Corp), Indenture (Par Technology Corp), Indenture (Par Technology Corp)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty thirty-five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E); provided, that notwithstanding the foregoing or anything to the contrary provided in this Indenture, the Fundamental Change Repurchase Date will be subject to postponement to the extent necessary to comply with the applicable rules under the Exchange Act.

Appears in 4 contracts

Samples: Indenture (American Eagle Outfitters Inc), Indenture (Dick's Sporting Goods, Inc.), SoFi Technologies, Inc.

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date Date” means, for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35)Change, nor less than twenty (20), Business Days after the date specified by the Company sends Issuer in the related Fundamental Change Notice pursuant to Section 4.02(E)for such Fundamental Change, which date will be not less than 20 Business Days, nor more than 35 Business Days, following the Fundamental Change Notice Date for such Fundamental Change.

Appears in 4 contracts

Samples: Indenture (Amarin Corp Plc\uk), Indenture (Amarin Corp Plc\uk), Amarin Corp Plc\uk

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty forty five (3545), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).

Appears in 3 contracts

Samples: Indenture (Outbrain Inc.), Loan and Security Agreement (Outbrain Inc.), Magnite, Inc.

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty thirty-five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E5.02(E).

Appears in 3 contracts

Samples: Supplemental Indenture (Tellurian Inc. /De/), Supplemental Indenture (Tellurian Inc. /De/), Securities Purchase Agreement (Tellurian Inc. /De/)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section ‎Section 4.02(E).

Appears in 3 contracts

Samples: Supplemental Indenture (Biora Therapeutics, Inc.), Indenture (Lucid Group, Inc.), Indenture (Verastem, Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).. (D)

Appears in 3 contracts

Samples: Xeris Biopharma Holdings, Inc., Peabody Energy Corp, Mitek Systems Inc

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day chosen by the Board of the Company’s choosing Directors that is no more than thirty five (3530), nor less than twenty (20), Business Days after the date the Company Corporation sends the related Final Fundamental Change Notice pursuant to Section 4.02(E9(f).

Appears in 2 contracts

Samples: Securities Purchase Agreement (APi Group Corp), Securities Purchase Agreement (APi Group Corp)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (3530), nor less than twenty (20), Business Days after the date the Company sends the related Final Fundamental Change Notice pursuant to Section 4.02(E8(f).

Appears in 2 contracts

Samples: Securities Purchase Agreement (FireEye, Inc.), Securities Purchase Agreement (FireEye, Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date Date” means, for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35)Change, nor less than twenty (20), Business Days after the date specified by the Company sends in the related Fundamental Change Notice pursuant for such Fundamental Change, which date will be not less than 20 Business Days, nor more than 35 Business Days, immediately following the Fundamental Change Notice Date for such Fundamental Change, subject to Section 4.02(E)extension to comply with applicable law.

Appears in 2 contracts

Samples: Indenture (GAIN Capital Holdings, Inc.), Indenture (GAIN Capital Holdings, Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the CompanyHolder’s choosing that is no more than thirty five ten (35), nor less than twenty (20), 10) Business Days after the later of (x) the date the Holder delivers to the Company sends its election to require the related Fundamental Change Notice Company to repurchase this Note pursuant to Section 4.02(E6(C); and (y) the effective date of such Fundamental Change.

Appears in 2 contracts

Samples: Indenture (Tellurian Inc. /De/), Securities Purchase Agreement (Tellurian Inc. /De/)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date Date” means, for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35)Change, nor less than twenty (20), Business Days after the date specified by the Company sends in the related Fundamental Change Notice pursuant to Section 4.02(E)for such Fundamental Change, which date will be not less than 20 Business Days, nor more than 35 Business Days, following the Fundamental Change Notice Date for such Fundamental Change.

Appears in 1 contract

Samples: Second Supplemental Indenture (Vector Group LTD)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five forty (3540), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).

Appears in 1 contract

Samples: Indenture (Innoviva, Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more later than thirty five the anticipated effective date of such Fundamental Change (35), nor less than twenty (20), Business Days after the date subject to extension by the Company sends in the related event of a change in the anticipated effective date of such Fundamental Change Notice pursuant to Section 4.02(EChange).

Appears in 1 contract

Samples: Securities Purchase Agreement (Azz Inc)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five twenty (3520), nor less than twenty ten (2010), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E8(e).

Appears in 1 contract

Samples: Registration Rights Agreement (Shenandoah Telecommunications Co/Va/)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty thirty-five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(Eclause (e).

Appears in 1 contract

Samples: Joinder Agreement (M3-Brigade Acquisition II Corp.)

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Fundamental Change Repurchase Date. The "Fundamental Change Repurchase Date Date" means, for any Fundamental Change, the date specified by the Company in the Fundamental Change Notice for such Fundamental Change, which date will be a Business Day of the Company’s choosing that is no not less than 20 Business Days, nor more than thirty five (35)35 Business Days, nor less than twenty (20), Business Days after immediately following the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E)Date for such Fundamental Change.

Appears in 1 contract

Samples: Indenture (Ultrapetrol Bahamas LTD)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).. Table of Contents

Appears in 1 contract

Samples: Indenture (Progenity, Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the CompanyHolder’s choosing that is no more than thirty five (35), nor less than twenty (20), ) Business Days after the later of (x) the date the Company sends delivers to the Holder the related Fundamental Change Notice pursuant to Section 4.02(E7(C); and (y) the effective date of such Fundamental Change.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Tilray Brands, Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the CompanyCorporation’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company Corporation sends the related Fundamental Change Notice pursuant to Section 4.02(E11(d); provided, however, that the Fundamental Change Repurchase Date may be extended to the extent necessary to comply with applicable law.

Appears in 1 contract

Samples: Registration Rights Agreement (Kennedy-Wilson Holdings, Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty forty five (3545), nor less than twenty thirty (2030), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).

Appears in 1 contract

Samples: Ceridian HCM (Ceridian HCM Holding Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty thirty-five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E7(e); provided that, in respect of any Fundamental Change for which the effective date occurs prior to October 4, 2024, the related Fundamental Change Repurchase Date shall not occur prior to the Business Day immediately succeeding the latest Termination Date.

Appears in 1 contract

Samples: Business Combination Agreement (Isos Acquisition Corp.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E4.02.(E).

Appears in 1 contract

Samples: Perficient Inc

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E), subject to extension if required to comply with law as a result of a change in law adopted subsequent to May 7, 2020. For the avoidance of doubt, such date, as so extended, shall be deemed to be the Fundamental Change Repurchase Date for all purposes hereof.

Appears in 1 contract

Samples: National Vision Holdings, Inc.

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E), subject to extension if required to comply with law as a result of a change in law adopted subsequent to June 23, 2021. For the avoidance of doubt, such date, as so extended, shall be deemed to be the Fundamental Change Repurchase Date for all purposes hereof.

Appears in 1 contract

Samples: Indenture (Bentley Systems Inc)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E), subject to extension if required to comply with law as a result of a change in law adopted subsequent to January 21, 2021. For the avoidance of doubt, such date, as so extended, shall be deemed to be the Fundamental Change Repurchase Date for all purposes hereof.

Appears in 1 contract

Samples: Indenture (Bentley Systems Inc)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the CompanyHolder’s choosing that is no more than thirty five (35), nor less than twenty (20), ) Business Days after the later of (x) the date the Company sends delivers to the Holder the related Fundamental Change Notice pursuant to Section 4.02(E6(C).; and (y) the effective date of such Fundamental Change. Exhibit Version

Appears in 1 contract

Samples: Securities Exchange Agreement (Amyris, Inc.)

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E). The Fundamental Change Repurchase Date shall be subject to postponement in order to allow the Company to comply with applicable law as a result of changes to such applicable law occurring after the Issue Date.

Appears in 1 contract

Samples: Realogy Group LLC

Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Companysuch Holder’s choosing that is no more than thirty five (35), nor less than twenty (20), ) Business Days after the later of (x) the date the Company sends delivers to such Holder the related Fundamental Change Repurchase Notice pursuant to Section 4.02(E4.02(C); and (y) the effective date of such Fundamental Change.

Appears in 1 contract

Samples: Indenture (Workhorse Group Inc.)

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