Common use of Closed Periods Clause in Contracts

Closed Periods. Notwithstanding anything to the contrary in this Note, if the Holder tenders a Repurchase Notice with respect to this Note in accordance with Article 3, this Note may not be converted except to the extent (i) this Note is not subject to such Repurchase Notice, (ii) such Repurchase Notice is withdrawn in accordance with Article 3 or (iii) the Company fails to pay the Fundamental Change Repurchase Price for this Note in accordance with Section 3.05(b).

Appears in 4 contracts

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

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Closed Periods. Notwithstanding anything to the contrary in this Note, if the Holder tenders a Repurchase Notice with respect to this Note in accordance with Article 33 hereof, this Note may not be converted except to the extent (i) this Note is not subject to such Repurchase Notice, (ii) such Repurchase Notice is withdrawn in accordance with Article 3 hereof or (iii) the Company fails to pay the Fundamental Change Repurchase Price for this Note in accordance with Section 3.05(b)) hereof.

Appears in 2 contracts

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

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Closed Periods. Notwithstanding anything to the contrary in this Notethe Indenture, if the a Holder tenders a Fundamental Change Repurchase Notice with respect to this Note its Notes in accordance with Article 33 hereof, this Note such Notes may not be converted except to the extent (iA) this Note is such Notes are not subject to such Fundamental Change Repurchase Notice, ; (iiB) such Fundamental Change Repurchase Notice is withdrawn in accordance with Article 3 hereof; or (iiiC) the Company fails to pay the Fundamental Change Repurchase Price for this Note such Notes in accordance with Section 3.05(b)3.08 hereof.

Appears in 1 contract

Samples: Second Supplemental Indenture (Vector Group LTD)

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