Common use of Deposit of Fundamental Change Purchase Price Clause in Contracts

Deposit of Fundamental Change Purchase Price. No later than 10:00 a.m., New York City time, on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Fundamental Change Purchase Date) sufficient to pay the Fundamental Change Purchase Price, of all the Securities or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If on the Fundamental Change Purchase Date the Paying Agent holds cash sufficient to pay the Fundamental Change Purchase Price of the Securities that Holders have elected to require the Company to purchase in accordance with Section 5.01, then, as of the Fundamental Change Purchase Date, (a) such Securities will cease to be outstanding and interest, including Additional Interest if any, will cease to accrue thereon and (b) all other rights of Holders in respect of such Securities will terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer of such Security). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered to the Paying Agent, as the case may be.

Appears in 7 contracts

Samples: First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc), Indenture (Evergreen Solar Inc)

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Deposit of Fundamental Change Purchase Price. No later than Prior to 10:00 a.m., a.m. (local time in The City of New York City time, York) on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Fundamental Change Purchase DateBusiness Day) sufficient to pay the Fundamental Change Purchase Price, of all the Securities Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.047.04. If on the Fundamental Change Purchase Date the Paying Agent holds cash money sufficient to pay the Fundamental Change Purchase Price of the Securities that Holders have elected to require the Company to any Note surrendered for purchase and not withdrawn in accordance with Section 5.01, then, this Indenture as of the Close of Business on the Fundamental Change Purchase Date, then immediately following the Close of Business on the Fundamental Change Purchase Date, (a) any such Securities Note will cease to be outstanding and interest, including Additional Interest if any, interest will cease to accrue thereon on the Fundamental Change Purchase Date (whether or not book-entry transfer of the Notes is made or whether or not the Notes are delivered to the Paying Agent) and (b) all other rights of Holders the Holder in respect of such Securities thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest (including Additional Interest, if any) upon delivery or transfer of such Security). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered to the Paying Agent, as the case may besuch Note).

Appears in 5 contracts

Samples: Indenture (Digital Turbine, Inc.), Indenture (Digital Turbine Usa, Inc.), Indenture (Digital Turbine, Inc.)

Deposit of Fundamental Change Purchase Price. No later than 10:00 Prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Fundamental Change Purchase DateBusiness Day) sufficient to pay the Fundamental Change Purchase Price, Price of all the Securities Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If on the Fundamental Change Purchase Date the Paying Agent holds cash sufficient to pay the Fundamental Change Purchase Price of the Securities Notes that Holders have elected to require the Company to been properly surrendered for purchase and not validly withdrawn and for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with Section 5.01this Indenture on the Fundamental Change Purchase Date, then, then as of the such Fundamental Change Purchase Date, (a) such Securities Notes will cease to be outstanding and interest, including Additional Interest if any, interest will cease to accrue thereon (whether or not book-entry transfer of such Notes is made or whether or not such Notes have been delivered to the Paying Agent) and (b) all other rights of the Holders in respect of such Securities thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest thereon upon delivery or transfer of such Security). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered to the Paying Agent, as the case may besuch Notes).

Appears in 4 contracts

Samples: Indenture (Kite Realty Group Trust), Indenture (Braemar Hotels & Resorts Inc.), Federal Realty OP LP

Deposit of Fundamental Change Purchase Price. No later than 10:00 Prior to 11:00 a.m., New York City time, on the a Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, or if the Company or a Subsidiary or an Affiliate of either of them the Company is acting as the Paying Agent, shall segregate and hold in trust as provided hereinin Section 2.04) an amount of money in Cash (in immediately available funds if deposited on such Fundamental Change Purchase Date) sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Securities or portions thereof that are to be purchased as of the on that Fundamental Change Purchase Date. The Company shall promptly notify If the Trustee Paying Agent holds, in writing of accordance with the amount of any deposits of cash made pursuant to this Section 5.04. If terms hereof, at 11:00 a.m., New York City time, on the Business Day following a Fundamental Change Purchase Date the Paying Agent holds cash Date, Cash sufficient to pay the aggregate Fundamental Change Purchase Price of the all Securities that Holders have elected to require the Company to purchase for which a Fundamental Change Purchase Notice has been delivered and not validly withdrawn in accordance with Section 5.01this Indenture, then, as of the on and after such Fundamental Change Purchase Date, (a) such Securities will shall cease to be outstanding and interest, interest (including Additional Interest if any, will Interest) on such Securities shall cease to accrue thereon accrue, whether or not such Securities are transferred by book-entry or delivered to the Paying Agent, and (b) all other the rights of the Holders in respect of such Securities will thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer of such Security). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered by their Holders to the Paying Agent, as the case may be).

Appears in 4 contracts

Samples: Indenture (Adc Telecommunications Inc), Indenture (Adc Telecommunications Inc), Indenture (Adc Telecommunications Inc)

Deposit of Fundamental Change Purchase Price. No later than Prior to 10:00 a.m., New York City time, on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Fundamental Change Purchase DateBusiness Day) sufficient to pay the Fundamental Change Purchase Price, Price of all the Securities or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If on the Fundamental Change Purchase Date the Paying Agent holds cash sufficient to pay the Fundamental Change Purchase Price of the Securities that Holders have elected to require the Company to purchase for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with Section 5.01this Indenture on the Fundamental Change Purchase Date, then, then as of the such Fundamental Change Purchase Date, (a) such Securities will cease to be outstanding Outstanding and interest, including Additional Interest if any, interest will cease to accrue thereon (whether or not book-entry transfer of such Securities is made or such Securities have been delivered to the Paying Agent) and (b) all other rights of the Holders in respect of such Securities thereof will terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer of such Security). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered to the Paying Agent, as the case may besuch Securities).

Appears in 3 contracts

Samples: Mfa Financial (Mfa Financial, Inc.), Supplemental Indenture (Granite Point Mortgage Trust Inc.), Granite Point Mortgage Trust Inc.

Deposit of Fundamental Change Purchase Price. No later than Prior to 10:00 a.m., New York City time, on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Fundamental Change Purchase DateBusiness Day) sufficient to pay the Fundamental Change Purchase Price, of all the Securities or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.046.04. If on the Fundamental Change Purchase Date the Paying Agent holds cash sufficient to pay the Fundamental Change Purchase Price of the Securities that Holders have elected to require the Company to purchase any Security for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with Section 5.01, then, this Indenture as of the Close of Business on the Business Day prior to the Fundamental Change Purchase Date, then immediately following the Fundamental Change Purchase Date, (a) such Securities Security will cease to be outstanding Outstanding and interest, including Additional Interest if any, will cease to accrue thereon (whether or not book-entry transfer of such Security is made or whether or not such Security is delivered to the Paying Agent) and (b) all other rights of Holders the Holder in respect of such Securities thereof will terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer of such Security). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered to the Paying Agent, as the case may be.

Appears in 2 contracts

Samples: Indenture (Concur Technologies Inc), Concur Technologies Inc

Deposit of Fundamental Change Purchase Price. No later than 10:00 a.m.Prior to 1:00 p.m., New York City time, on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, or if the Company or a Subsidiary or an Affiliate of either of them the Company is acting as the Paying Agent, shall segregate and hold in trust as provided hereinin Section 2.4) an amount of money in cash (in immediately available funds if deposited on such Fundamental Change Purchase Date) sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Securities or portions thereof that are to be purchased as of the on that Fundamental Change Purchase Date. The Company shall promptly notify If a Paying Agent holds, in accordance with the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If terms hereof, at 1:00 p.m., New York City time, on the applicable Fundamental Change Purchase Date the Paying Agent holds Date, cash sufficient to pay the aggregate Fundamental Change Purchase Price of the all Securities that Holders have elected to require the Company to purchase for which a Fundamental Change Purchase Notice has been delivered and not validly withdrawn in accordance with Section 5.015.2(b) of this Indenture, then, as of the on and after such Fundamental Change Purchase Date, (a) such Securities will shall cease to be outstanding and interest, including Additional Interest if any, will interest on such Securities shall cease to accrue thereon accrue, whether or not such Securities are delivered to the Paying Agent, and (b) all other the rights of the Holders in respect of such Securities will thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer of such Security). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered by their Holders to the Paying Agent, as the case may be).

Appears in 2 contracts

Samples: Indenture (Cheniere Energy Inc), Indenture (Unisource Energy Corp)

Deposit of Fundamental Change Purchase Price. No later than Prior to 10:00 a.m., New York City time, on the a Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, or if the Company or a Subsidiary or an Affiliate of either of them the Company is acting as the Paying Agent, shall segregate and hold in trust as provided hereinin Section 2.04) an amount of money in Cash (in immediately available funds if deposited on such Fundamental Change Purchase Date) sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Securities or portions thereof that are to be purchased as of the on that Fundamental Change Purchase Date. The Company shall promptly notify If a Paying Agent holds, in accordance with the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If terms hereof, at 10:00 a.m., New York City time, on the a Fundamental Change Purchase Date the Paying Agent holds cash Date, Cash sufficient to pay the aggregate Fundamental Change Purchase Price of the all Securities that Holders have elected to require the Company to purchase for which a Fundamental Change Purchase Notice has been delivered and not validly withdrawn in accordance with Section 5.01this Indenture, then, as of the on and after such Fundamental Change Purchase Date, (a) such Securities will shall cease to be outstanding and interest, including Additional Interest if any, will interest on such Securities shall cease to accrue thereon accrue, whether or not such Securities are delivered to the Paying Agent, and (b) all other the rights of the Holders in respect of such Securities will thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer of such Security). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered by their Holders to the Paying Agent, as the case may be).

Appears in 2 contracts

Samples: Indenture (Blackboard Inc), Blackboard Inc

Deposit of Fundamental Change Purchase Price. No later than 10:00 a.m., On or before 11:00 a.m. New York City time, time on the Fundamental Change Purchase Date, the Company shall deposit with the Trustee or with a Paying Agent (or, if other than the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided hereinCompany) an amount of money (in immediately available funds if deposited on such Fundamental Change Purchase Date) sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Securities 2037 Notes or portions thereof that are to be purchased as of such Fundamental Change Purchase Date. The manner in which the deposit required by this Section 3.14 is made by the Company shall be at the option of the Company, provided that such deposit shall be made in a manner such that the Trustee or a Paying Agent shall have immediately available funds on the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If on the Fundamental Change Purchase Date the a Paying Agent holds cash holds, in accordance with the terms hereof, money sufficient to pay the Fundamental Change Purchase Price of the Securities that Holders have elected to require the Company to purchase any 2037 Note for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with Section 5.01, this Indenture then, as of on the Fundamental Change Purchase Date, (a) such Securities 2037 Note will cease to be outstanding Outstanding and interest, including Additional Interest if any, will cease to accrue thereon and (b) all other the rights of Holders the Holder in respect of such Securities will thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer as aforesaid). The Company shall publicly announce the Principal Amount of 2037 Notes purchased as a result of such Security). This will be Fundamental Change on or as soon as practicable after the case whether book-entry transfer of the Securities has been made or the Securities have been delivered to the Paying Agent, as the case may beFundamental Change Purchase Date.

Appears in 2 contracts

Samples: Second Supplemental Indenture (Transocean Inc), Supplemental Indenture (Transocean Inc)

Deposit of Fundamental Change Purchase Price. No later than 10:00 a.m., On or before 11:00 a.m. New York City time, time on the Fundamental Change Purchase Date, the Company Issuer shall deposit with the Trustee or with a Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money cash (in immediately available funds if deposited on such the Fundamental Change Purchase Date) sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Securities Debentures or portions thereof that are to be purchased as of the such Fundamental Change Purchase Date. The Company manner in which the deposit required by this Section 7.03 is made by the Issuer shall promptly notify be at the option of the Issuer, provided, however, that such deposit shall be made in a manner such that the Trustee in writing or a Paying Agent shall have immediately available funds on the date of the amount of any deposits of cash made pursuant to this Section 5.04such deposit. If on the Fundamental Change Purchase Date the a Paying Agent holds cash holds, in accordance with the terms hereof, money sufficient to pay the Fundamental Change Purchase Price of the Securities that Holders have elected to require the Company to purchase any Debenture for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with Section 5.01, this Fourth Supplemental Indenture on the Fundamental Change Purchase Date then, as of immediately following the Fundamental Change Purchase Date, (a) such Securities Debenture will cease to be outstanding and interestoutstanding, interest (including Additional Interest Interest, if any, ) will cease to accrue thereon and (b) all other the rights of Holders the Holder in respect of such Securities will thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer Price). The Issuer shall publicly announce the principal amount of Debentures purchased as a result of such Security). This will be Fundamental Change on or as soon as practicable after the case whether book-entry transfer of the Securities has been made or the Securities have been delivered to the Paying Agent, as the case may beFundamental Change Purchase Date.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Wyeth)

Deposit of Fundamental Change Purchase Price. No later than 10:00 a.m., New York City time, on On or before the Business Day prior to a Fundamental Change Purchase Date, the Company shall deposit with the Trustee or with the Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided hereinin Section 2.4) an amount of money (cash or shares of marketable common stock of the Company or any successor corporation, in immediately available funds if deposited on such Fundamental Change Purchase Date) the manner provided in Section 6.10(d), sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Securities Debentures or portions thereof that are to be purchased as of such Fundamental Change Purchase Date. The manner in which the deposit required by this Section 6.12 is made by the Company shall be at the option of the Company, provided that any deposit of cash shall be made in a manner such that the Trustee or the Paying Agent shall have immediately available funds on the Business Day prior to the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If on the Fundamental Change Purchase Date the Paying Agent holds holds, in accordance with the terms hereof, cash or shares of marketable common stock of the Company or any successor corporation, in the manner provided in Section 6.10(d), sufficient to pay the Fundamental Change Purchase Price of the Securities that Holders have elected to require the Company to purchase in accordance with Section 5.01any Debenture properly tendered for redemption and not subsequently withdrawn, then, as of on and after the Fundamental Change Purchase Date, (a) such Securities Debenture will cease to be outstanding and interest, including Additional Interest if any, interest on such Debenture will cease to accrue thereon and (b) will be deemed paid, and all other rights of Holders the Holder in respect of such Securities will thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer of such SecurityPrice). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered to the Paying Agent, as the case may be.

Appears in 1 contract

Samples: Mci Worldcom Inc

Deposit of Fundamental Change Purchase Price. No later than Prior to 10:00 a.m., New York City time, on the a Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, or if the Company or a Subsidiary or an Affiliate of either of them the Company is acting as the Paying Agent, shall segregate and hold in trust as provided hereinin Section 2.04) an amount of money in Cash (in immediately available funds if deposited on such Fundamental Change Purchase Date) sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Securities or portions thereof that are to be purchased as of the on that Fundamental Change Purchase Date. The Company shall promptly notify If any Paying Agent holds, in accordance with the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If terms hereof, at 10:00 a.m., New York City time, on the a Fundamental Change Purchase Date the Paying Agent holds cash Date, Cash sufficient to pay the aggregate Fundamental Change Purchase Price of the all Securities that Holders have elected to require the Company to purchase for which a Fundamental Change Purchase Notice has been delivered and not validly withdrawn in accordance with Section 5.01this Indenture, then, as of the on and after such Fundamental Change Purchase Date, (a) such Securities will shall cease to be outstanding and interest, interest (including Additional Interest Interest, if any, will ) on such Securities shall cease to accrue thereon accrue, whether or not such Securities are delivered to the Paying Agent, and (b) all other rights of the Holders in respect of such Securities will thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer of such Security). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered by their Holders to the Paying Agent, as the case may be).

Appears in 1 contract

Samples: Indenture (Evergreen Energy Inc)

Deposit of Fundamental Change Purchase Price. No later than Prior to 10:00 a.m., a.m. (local time in The City of New York City time, York) on the Fundamental Change Purchase Date, the Company shall deposit with the Trustee or with the Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Fundamental Change Purchase DateBusiness Day) sufficient to pay the Fundamental Change Purchase Price, of all the Securities Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If on the Fundamental Change Purchase Date the Paying Agent holds cash sufficient to pay the Fundamental Change Purchase Price of the Securities that Holders have elected to require the Company to purchase any Note for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with Section 5.01this Supplemental Indenture on the Fundamental Change Purchase Date, then, then as of the such Fundamental Change Purchase Date, (a) such Securities Note will cease to be outstanding and interest, including any Additional Interest Interest, if any, will cease to accrue thereon (whether or not book-entry transfer of such Note is made or such Note is delivered to the Paying Agent) and (b) all other rights of Holders the Holder in respect of such Securities thereof will terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer of such Security). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered to the Paying Agent, as the case may bePrice.

Appears in 1 contract

Samples: Indenture (Wyndham Worldwide Corp)

Deposit of Fundamental Change Purchase Price. No later than 10:00 a.m.Prior to 12:00 p.m. (noon), New York City time, on the applicable Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, or if the Company or a Subsidiary or an Affiliate of either any of them is acting as the Paying Agent, shall segregate and hold in trust as provided hereinin Section 2.04) an amount of money Cash (in immediately available funds if deposited on such Fundamental Change Purchase DateBusiness Day) sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Securities or portions thereof that which are to be purchased as of the on such Fundamental Change Purchase Date. The Company shall promptly notify If the Trustee Paying Agent holds, in writing of accordance with the amount of any deposits of cash made pursuant to this Section 5.04. If terms hereof, at 12:00 p.m. (noon), New York City time, on the applicable Fundamental Change Purchase Date the Paying Agent holds cash Date, Cash sufficient to pay the Fundamental Change Purchase Price of the any Securities that Holders have elected for which a Fundamental Change Purchase Notice has been tendered and not withdrawn pursuant to require the Company to purchase in accordance with Section 5.013.09(b), then, as of the on and after such Fundamental Change Purchase Date, (a) such Securities will shall cease to be outstanding and interest, if any (including Additional Interest Interest, if any), will on such Securities shall cease to accrue thereon accrue, whether or not such Securities are delivered to the Paying Agent, and (b) all other the rights of the Holders in respect of such Securities will thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer of such Security). This Securities, together with necessary endorsements) and the purchased Securities will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered to the Paying Agent, as the case may becancelled.

Appears in 1 contract

Samples: Indenture (Meritor Inc)

Deposit of Fundamental Change Purchase Price. No later than Prior to 10:00 a.m., New York City time, on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, or if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided hereinin Section 2.4) an amount of money in cash (in immediately available funds if deposited on such Fundamental Change Purchase Date) sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Securities or portions thereof that are to be purchased as of the on that Fundamental Change Purchase Date. The Company shall promptly notify If a Paying Agent holds, in accordance with the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If terms hereof, at 10:00 a.m., New York City time, on the applicable Fundamental Change Purchase Date the Paying Agent holds Date, cash sufficient to pay the Fundamental Change Purchase Price of the Securities that Holders have elected to require the Company to purchase any Security for which a Fundamental Change Purchase Notice has been delivered and not validly withdrawn in accordance with Section 5.014.2(b) of this Indenture, then, as of the immediately after such Fundamental Change Purchase Date, (a) such Securities will shall cease to be outstanding and interestLiquidated Damages, including Additional Interest if any, will on such Securities shall cease to accrue thereon accrue, whether or not such Securities are delivered to the Paying Agent, and (b) all other the rights of the Holders in respect of such Securities will thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer of such Security). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered by their Holders to the Paying Agent, as the case may be).

Appears in 1 contract

Samples: Indenture (Rambus Inc)

Deposit of Fundamental Change Purchase Price. No later than 10:00 a.m., Prior to 11:00 a.m. (local time in The City of New York City time, York) on the Fundamental Change Purchase Date, the Company shall deposit with the Trustee or with the Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided hereintrust) an amount of money (in immediately available funds if deposited on such Fundamental Change Purchase DateBusiness Day) sufficient to pay the Fundamental Change Purchase Price, of all the Securities Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If on the Fundamental Change Purchase Date the Paying Agent holds cash sufficient to pay the Fundamental Change Purchase Price of the Securities that Holders have elected to require the Company to purchase any Note for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with Section 5.01this Supplemental Indenture on the Fundamental Change Purchase Date, then, then as of the such Fundamental Change Purchase Date, (a) such Securities Note will cease to be outstanding and interest, interest (including Additional Interest Interest, if any, ) will cease to accrue thereon (whether or not book-entry transfer of such Note is made or such Note is delivered to the Paying Agent) and (b) all other rights of Holders the Holder in respect of such Securities thereof will terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer of such SecurityPrice). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered to the Paying Agent, as the case may be.

Appears in 1 contract

Samples: Supplemental Indenture (Johnson Controls Inc)

Deposit of Fundamental Change Purchase Price. No later than 10:00 a.m., a.m. New York City time, time on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Fundamental Change Purchase Date) sufficient to pay the Fundamental Change Purchase Price, of all the Securities or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.046.04. If on the Fundamental Change Purchase Date the Paying Agent holds cash money sufficient to pay the Fundamental Change Purchase Price of the Securities that Holders have elected to require the Company to purchase in accordance with Section 5.016.01, then, as of the Fundamental Change Purchase Date, (a) such Securities will cease to be outstanding and interest, including Additional Interest if any, will cease to accrue thereon and (b) all other rights of Holders the Holder in respect of such Securities thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest (including Additional Interest, if any) upon delivery or transfer of such Security). This will be the case whether or not book-entry transfer of the Securities has been made or the Securities have been delivered to the Paying Agent, as the case may be.

Appears in 1 contract

Samples: Supplemental Indenture (Evergreen Solar Inc)

Deposit of Fundamental Change Purchase Price. No later than Prior to 10:00 a.m., New York City time, on the a Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, or if the Company or a Subsidiary or an Affiliate of either of them the Company is acting as the Paying Agent, shall segregate and hold in trust as provided hereinin Section 2.04) an amount of money in Cash (in immediately available funds if deposited on such Fundamental Change Purchase Date) sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Securities or portions thereof that are to be purchased as of the on that Fundamental Change Purchase Date. The Company shall promptly notify If a Paying Agent holds, in accordance with the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If terms hereof, at 10:00 a.m., New York City time, on the a Fundamental Change Purchase Date the Paying Agent holds cash Date, Cash sufficient to pay the aggregate Fundamental Change Purchase Price of the all Securities that Holders have elected to require the Company to purchase for which a Fundamental Change Purchase Notice has been delivered and not validly withdrawn in accordance with Section 5.01this Indenture, then, as of the on and after such Fundamental Change Purchase Date, (a) such Securities will shall cease to be outstanding and interest, interest (including Additional Interest if any, will Interest) on such Securities shall cease to accrue thereon accrue, whether or not such Securities are delivered to the Paying Agent, and (b) all other the rights of the Holders in respect of such Securities will thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer of such Security). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered by their Holders to the Paying Agent, as the case may be).

Appears in 1 contract

Samples: Indenture (Komag Inc /De/)

Deposit of Fundamental Change Purchase Price. No later than Prior to 10:00 a.m., New York City time, on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, or if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided hereinin Section 2.4) an amount of money in cash (in immediately available funds if deposited on such Fundamental Change Purchase Date) sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Securities or portions thereof that are to be purchased as of the such Fundamental Change Purchase Date. The Company shall promptly notify If a Paying Agent holds, in accordance with the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If terms hereof, at 10:00 a.m., New York City time, on the applicable Fundamental Change Purchase Date the Paying Agent holds Date, cash sufficient to pay the Fundamental Change Purchase Price of the Securities that Holders have elected to require the Company to purchase any Security for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with Section 5.01, this Indenture then, as of immediately after the Fundamental Change Purchase Date, (a) such Securities will shall cease to be outstanding and interestinterest (including Contingent Interest and Additional Interest, including Additional Interest if any, will ) on such Securities shall cease to accrue thereon accrue, whether or not such Securities are delivered to the Paying Agent, and (b) all other the rights of the Holders in respect of such Securities will thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer of such SecuritySecurities). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered to the Paying Agent, as the case may be.

Appears in 1 contract

Samples: Indenture (Quanex Corp)

Deposit of Fundamental Change Purchase Price. No later than 10:00 Prior to 11:30 a.m., New York City time, on the Business Day following the Fundamental Change Purchase Date, the Company shall deposit with the Trustee or with the Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided hereinin Section 9.3 of the Indenture) an amount of money (in immediately available funds if deposited on such Fundamental Change Purchase DateBusiness Day) sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Applicable Securities or portions thereof that which are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify If the Trustee in writing of the amount of or any deposits of cash made pursuant to this Section 5.04. If on the Fundamental Change Purchase Date the Paying Agent holds cash money sufficient to pay the Fundamental Change Purchase Price of such Applicable Security or portion thereof on the Securities that Holders have elected to require the Company to purchase in accordance with Section 5.01, then, as of Business Day following the Fundamental Change Purchase Date, (a) in accordance with the terms of this Supplemental Indenture, then from and after such Securities the Fundamental Change Purchase Date, such Applicable Security or portion thereof will cease to be outstanding Outstanding and interest, including Additional Interest if any, interest on such Applicable Security or portion thereof will cease to accrue thereon and (b) accrue, whether or not such Applicable Security or portion thereof is delivered to the Trustee or any Paying Agent. Thereafter, all other rights of Holders in respect of such Securities will terminate (the Holder shall terminate, other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer of such SecurityApplicable Security (together with any necessary endorsements). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered to the Paying Agent, as the case may be.

Appears in 1 contract

Samples: Supplemental Indenture (American Airlines Inc)

Deposit of Fundamental Change Purchase Price. No later than Prior to 10:00 a.m., a.m. New York City time, on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, if the Company Company, the Guarantor or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Fundamental Change Purchase DateBusiness Day) sufficient to pay the Fundamental Change Purchase Price, Price of all the Securities or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If on the Fundamental Change Purchase Date the Paying Agent holds cash sufficient to pay the Fundamental Change Purchase Price of the Securities that Holders have elected to require the Company to purchase for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with Section 5.01this Supplemental Indenture on the Fundamental Change Purchase Date, then, then as of the such Fundamental Change Purchase Date, (a) such Securities will cease to be outstanding Outstanding and interest, including Additional Interest if any, interest will cease to accrue thereon (whether or not book-entry transfer of such Securities is made or such Securities have been delivered to the Paying Agent) and (b) all other rights of the Holders in respect of such Securities thereof will terminate (other than the right to receive the Fundamental Change Purchase Price (including, if applicable, any previously accrued and unpaid interest) upon delivery or transfer of such Security). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered to the Paying Agent, as the case may besuch Securities).

Appears in 1 contract

Samples: First Supplemental Indenture (PennyMac Mortgage Investment Trust)

Deposit of Fundamental Change Purchase Price. No later than 10:00 Prior to 11:00 a.m., New York City time, on the a Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, or if the Company or a Subsidiary or an Affiliate of either of them the Company is acting as the Paying Agent, shall segregate and hold in trust as provided hereinin Section 2.04) an amount of money in Cash (in immediately available funds if deposited on such Fundamental Change Purchase Date) sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Securities or portions thereof that are to be purchased as of the on that Fundamental Change Purchase Date. The Company shall promptly notify If the Trustee Paying Agent holds, in writing of accordance with the amount of any deposits of cash made pursuant to this Section 5.04. If terms hereof, at 11:00 a.m., New York City time, on the Business Day following a Fundamental Change Purchase Date the Paying Agent holds cash Date, Cash sufficient to pay the aggregate Fundamental Change Purchase Price of the all Securities that Holders have elected to require the Company to purchase for which a Fundamental Change Purchase Notice has been delivered and not validly withdrawn in accordance with Section 5.01this First Supplemental Indenture, then, as of the on and after such Fundamental Change Purchase Date, (a) such Securities will shall cease to be outstanding and interest, interest (including Additional Interest if any, will Interest) on such Securities shall cease to accrue thereon accrue, whether or not such Securities are transferred by book-entry or delivered to the Paying Agent, and (b) all other the rights of the Holders in respect of such Securities will thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer of such Security). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered by their Holders to the Paying Agent, as the case may be).

Appears in 1 contract

Samples: And (Radisys Corp)

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Deposit of Fundamental Change Purchase Price. No later than Prior to 10:00 a.m., New York City time, on the a Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, or if the Company or a Subsidiary or an Affiliate of either of them the Company is acting as the Paying Agent, shall segregate and hold in trust as provided hereinin Section 2.04) an amount of money in cash (in immediately available funds if deposited on such Fundamental Change Purchase Datefunds) sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Securities or portions thereof that are to be purchased as of the on that Fundamental Change Purchase Date. The Company shall promptly notify If a Paying Agent holds, in accordance with the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If terms hereof, at 10:00 a.m., New York City time, on the a Fundamental Change Purchase Date the Paying Agent holds Date, cash sufficient to pay the aggregate Fundamental Change Purchase Price of the all Securities that Holders have elected to require the Company to purchase for which a Fundamental Change Purchase Notice has been delivered and not validly withdrawn in accordance with Section 5.01this Indenture, then, as of the on and after such Fundamental Change Purchase Date, (a) such Securities will shall cease to be outstanding and interestinterest (including Special Interest), including Additional Interest if any, will on such Securities shall cease to accrue thereon accrue, whether or not such Securities are delivered to the Paying Agent, and (b) all other the rights of the Holders in respect of such Securities will thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price Price, as applicable, upon delivery or transfer of such Security). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered by their Holders to the Paying Agent, as the case may be).

Appears in 1 contract

Samples: Indenture (Steel Dynamics Inc)

Deposit of Fundamental Change Purchase Price. No later than Prior to 10:00 a.m., New York City time, on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them the Company is acting as the Paying Agent, shall segregate and hold in trust as provided herein) , an amount of money cash (in immediately available funds if deposited on such the Fundamental Change Purchase Date) ), sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Securities Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If on the Fundamental Change Purchase Date the Paying Agent holds cash or securities sufficient to pay the Fundamental Change Purchase Price of the Securities Notes that Holders have elected to require the Company to purchase in accordance with Section 5.0116.01, then, as of on the Fundamental Change Purchase Date, (a) such Securities Notes will cease to be outstanding and interestoutstanding, including Additional Interest if any, interest will cease to accrue thereon (whether or not book-entry transfer of the Notes is made or the Note is delivered to the Paying Agent) and (b) all other rights of the Holders in respect of such Securities Notes will terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or book-entry transfer of such Securitythe Notes). This will be the case whether or not book-entry transfer of the Securities Notes has been made or the Securities Notes have been delivered to the Paying Agent, as the case may be.

Appears in 1 contract

Samples: Claiborne Liz Inc

Deposit of Fundamental Change Purchase Price. No later than 10:00 a.m., Prior to 11:00 a.m. (local time in The City of New York City time, York) on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Fundamental Change Purchase DateBusiness Day) sufficient to pay the Fundamental Change Purchase Price, Price of all the Securities or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If on the Fundamental Change Purchase Date the Paying Agent holds cash or securities sufficient to pay the Fundamental Change Purchase Price of the Securities that Holders have elected to require the Company to purchase for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with Section 5.01this Indenture on the Fundamental Change Purchase Date, then, then as of the such Fundamental Change Purchase Date, (a) such Securities will cease to be outstanding and interest, including Additional Interest if any, interest will cease to accrue thereon (whether or not book-entry transfer of such Securities is made or such Securities have been delivered to the Paying Agent) and (b) all other rights of the Holders in respect of such Securities thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest upon delivery or transfer of such Security). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered to the Paying Agent, as the case may besuch Securities).

Appears in 1 contract

Samples: Indenture (United Rentals Inc /De)

Deposit of Fundamental Change Purchase Price. No later than 10:00 a.m., On or before 11:00 a.m. New York City time, time on the Business Day immediately following the Fundamental Change Purchase Date, the Company Issuer shall deposit with the Trustee or with a Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money cash (in immediately available funds if deposited on such Fundamental Change Purchase DateBusiness Day) sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Securities or portions thereof that are to be purchased as of the such Fundamental Change Purchase Date. The Company manner in which the deposit required by this Section 14.03 is made by the Issuer shall promptly notify be at the option of the Issuer, provided, however, that such deposit shall be made in a manner such that the Trustee in writing or a Paying Agent shall have immediately available funds on the date of the amount of any deposits of cash made pursuant to this Section 5.04such deposit. If on the Fundamental Change Purchase Date the a Paying Agent holds cash holds, in accordance with the terms hereof, money sufficient to pay the Fundamental Change Purchase Price of the Securities that Holders have elected to require the Company to purchase any Security for which a Fundamental Change Purchase Notice has been tendered (and not withdrawn in accordance with Section 5.01, this Indenture) on the Business Day following the Fundamental Change Purchase Date then, as of immediately following the Fundamental Change Purchase Date, (a) such Securities Security will cease to be outstanding outstanding, interest (including Contingent Interest and interestLiquidated Damages, including Additional Interest if any, ) will cease to accrue thereon and (b) all other the rights of Holders the Holder in respect of such Securities will thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer Price). The Issuer shall publicly announce the Principal Amount of Securities purchased as a result of such Security). This will be Fundamental Change on or as soon as practicable after the case whether book-entry transfer of the Securities has been made or the Securities have been delivered to the Paying Agent, as the case may beFundamental Change Purchase Date.

Appears in 1 contract

Samples: Getty Images Inc

Deposit of Fundamental Change Purchase Price. No later than 10:00 a.m., On or before 11:00 a.m. New York City time, time on the Business Day immediately following the Fundamental Change Purchase Date, the Company Issuer shall deposit with the Trustee or with a Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money cash (in immediately available funds if deposited on such Fundamental Change Purchase DateBusiness Day) sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Securities or portions thereof that are to be purchased as of the such Fundamental Change Purchase Date. The Company manner in which the deposit required by this Section 16.03 is made by the Issuer shall promptly notify be at the option of the Issuer, provided, however, that such deposit shall be made in a manner such that the Trustee in writing or a Paying Agent shall have immediately available funds on the date of the amount of any deposits of cash made pursuant to this Section 5.04such deposit. If on the Fundamental Change Purchase Date the a Paying Agent holds cash holds, in accordance with the terms hereof, money sufficient to pay the Fundamental Change Purchase Price of the Securities that Holders have elected to require the Company to purchase any Security for which a Fundamental Change Purchase Notice has been tendered (and not withdrawn in accordance with Section 5.01, this Indenture) on the Business Day following the Fundamental Change Purchase Date then, as of immediately following the Fundamental Change Purchase Date, (a) such Securities Security will cease to be outstanding outstanding, interest (including Contingent Interest and interestLiquidated Damages, including Additional Interest if any, ) will cease to accrue thereon and (b) all other the rights of Holders the Holder in respect of such Securities will thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer Price). The Issuer shall publicly announce the Principal Amount of Securities purchased as a result of such Security). This will be Fundamental Change on or as soon as practicable after the case whether book-entry transfer of the Securities has been made or the Securities have been delivered to the Paying Agent, as the case may beFundamental Change Purchase Date.

Appears in 1 contract

Samples: Lin Television Corp

Deposit of Fundamental Change Purchase Price. No later than 10:00 a.m.Prior to 1:00 p.m., New York City time, on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, or if the Company or a Subsidiary or an Affiliate of either of them the Company is acting as the Paying Agent, shall segregate and hold in trust as provided hereinin Section 2.4) an amount of money in Cash (in immediately available funds if deposited on such Fundamental Change Purchase Date) sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Securities or portions thereof that are to be purchased as of the on that Fundamental Change Purchase Date. The Company shall promptly notify If the Trustee Paying Agent holds, in writing of accordance with the amount of any deposits of cash made pursuant to this Section 5.04. If terms hereof, at 1:00 p.m., New York City time, on the applicable Fundamental Change Purchase Date the Paying Agent holds cash Date, Cash sufficient to pay the aggregate Fundamental Change Purchase Price of the all Securities that Holders have elected to require the Company to purchase for which a Fundamental Change Purchase Notice has been delivered and not validly withdrawn in accordance with Section 5.015.2(b) of this Indenture, then, as of the on and after such Fundamental Change Purchase Date, (a) such Securities will shall cease to be outstanding and interest, including Additional Interest if any, will interest on such Securities shall cease to accrue thereon accrue, whether or not such Securities are delivered to the Paying Agent, and (b) all other the rights of the Holders in respect of such Securities will thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer of such Security). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered by their Holders to the Paying Agent, as the case may be).

Appears in 1 contract

Samples: Indenture (Cheniere Energy Inc)

Deposit of Fundamental Change Purchase Price. No later than 10:00 a.m., On or before 11:00 a.m. New York City time, time on the Fundamental Change Purchase Date, the Company shall deposit with the Trustee or with a Paying Agent (or, if other than the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided hereinCompany) an amount of money (in immediately available funds if deposited on such Fundamental Change Purchase DateBusiness Day) sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Securities 2020 Debentures or portions thereof that are to be purchased as of such Fundamental Change Purchase Date. The manner in which the deposit required by this Section 1703 is made by the Company shall be at the option of the Company, provided, however, that such deposit shall be made in a manner such that the Trustee or a Paying Agent shall have immediately available funds on the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If on the Fundamental Change Purchase Date the a Paying Agent holds cash holds, in accordance with the terms hereof, money sufficient to pay the Fundamental Change Purchase Price of the Securities that Holders have elected to require the Company to purchase any 2020 Debenture for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with Section 5.01, this Indenture then, as of on the Fundamental Change Purchase Date, (a) such Securities 2020 Debenture will cease to be outstanding and interest, including Additional Interest if any, will cease to accrue thereon and (b) all other the rights of Holders the Holder in respect of such Securities will thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer as aforesaid). The Company shall publicly announce the Principal Amount of 2020 Debentures purchased as a result of such Security). This will be Fundamental Change on or as soon as practicable after the case whether book-entry transfer of the Securities has been made or the Securities have been delivered to the Paying Agent, as the case may beFundamental Change Purchase Date.

Appears in 1 contract

Samples: Weatherford International Inc /New/

Deposit of Fundamental Change Purchase Price. No later than Prior to 10:00 a.m., New York City time, on the a Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, or if the Company or a Subsidiary or an Affiliate of either of them the Company is acting as the Paying Agent, shall segregate and hold in trust as provided hereinin Section 2.04) an amount of money in cash (in immediately available funds if deposited on such Fundamental Change Purchase Datefunds) sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Securities or portions thereof that are to be purchased as of the on that Fundamental Change Purchase Date. The Company shall promptly notify If a Paying Agent holds, in accordance with the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If terms hereof, at 10:00 a.m., New York City time, on the a Fundamental Change Purchase Date the Paying Agent holds Date, cash sufficient to pay the aggregate Fundamental Change Purchase Price of the all Securities that Holders have elected to require the Company to purchase for which a Fundamental Change Purchase Notice has been delivered and not validly withdrawn in accordance with Section 5.01this Indenture, then, as of the Fundamental Change Purchase on and after such Repurchase Date, (a) such Securities will shall cease to be outstanding and interest, interest (including Additional Interest and Special Interest), if any, will on such Securities shall cease to accrue thereon accrue, whether or not such Securities are delivered to the Paying Agent, and (b) all other the rights of the Holders in respect of such Securities will thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer of such Security). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered by their Holders to the Paying Agent, as the case may be).

Appears in 1 contract

Samples: Indenture (Stewart Information Services Corp)

Deposit of Fundamental Change Purchase Price. No later than 10:00 a.m., On or before 11:00 a.m. New York City time, time on the Fundamental Change Purchase Date, the Company shall deposit with the Trustee or with a Paying Agent (or, if other than the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided hereinCompany) an amount of money (in immediately available funds if deposited on such Fundamental Change Purchase Date) sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Securities Notes or portions thereof that are to be purchased as of such Fundamental Change Purchase Date. The manner in which the deposit required by this Section 3.14 is made by the Company shall be at the option of the Company, provided that such deposit shall be made in a manner such that the Trustee or a Paying Agent shall have immediately available funds on the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If on the Fundamental Change Purchase Date the a Paying Agent holds cash holds, in accordance with the terms hereof, money sufficient to pay the Fundamental Change Purchase Price of the Securities that Holders have elected to require the Company to purchase any Note for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with Section 5.01, this Indenture then, as of on the Fundamental Change Purchase Date, (a) such Securities Note will cease to be outstanding Outstanding and interest, including Additional Interest if any, will cease to accrue thereon and (b) all other the rights of Holders the Holder in respect of such Securities will thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer as aforesaid). The Company shall publicly announce the Principal Amount of Notes purchased as a result of such Security). This will be Fundamental Change on or as soon as practicable after the case whether book-entry transfer of the Securities has been made or the Securities have been delivered to the Paying Agent, as the case may beFundamental Change Purchase Date.

Appears in 1 contract

Samples: First Supplemental Indenture (Carrizo Oil & Gas Inc)

Deposit of Fundamental Change Purchase Price. No later than On or before 10:00 a.m., a.m. New York City time, time on the Fundamental Change Purchase Date, the Company shall deposit with the Trustee or with a Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money cash (in immediately available funds if deposited on such the Fundamental Change Purchase Date) sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Securities or portions thereof that are to be purchased as of the such Fundamental Change Purchase Date. The manner in which the deposit required by this Section 13.03 is made by the Company shall promptly notify be at the option of the Company, provided, however, that such deposit shall be made in a manner such that the Trustee in writing or a Paying Agent shall have immediately available funds on the date of the amount of any deposits of cash made pursuant to this Section 5.04such deposit. If on the Fundamental Change Purchase Date the a Paying Agent holds cash holds, in accordance with the terms hereof, money sufficient to pay the Fundamental Change Purchase Price of the Securities that Holders have elected to require the Company to purchase any Security for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with Section 5.01, this Indenture on the Fundamental Change Purchase Date then, as of immediately following the Fundamental Change Purchase Date, (a) such Securities Security will cease to be outstanding outstanding, interest (including Accreted Interest, Contingent Interest and interestAdditional Interest, including Additional Interest if any, ) will cease to accrue thereon and (b) all other the rights of Holders the Holder in respect of such Securities will thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery or transfer Price). The Company shall publicly announce the Original Principal Amount of Securities purchased as a result of such Security). This will be Fundamental Change on or as soon as practicable after the case whether book-entry transfer of the Securities has been made or the Securities have been delivered to the Paying Agent, as the case may beFundamental Change Purchase Date.

Appears in 1 contract

Samples: Lockheed Martin Corp

Deposit of Fundamental Change Purchase Price. No later than Prior to 10:00 a.m., a.m. (local time in New York City time, City) on the Fundamental Change Purchase Date, the Company shall deposit with the Trustee (or other Paying Agent appointed by the Company) (or, if the Company or a Subsidiary of the Company or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided hereintrust) an amount of money (in immediately available funds if deposited on such Fundamental Change Purchase Date) sufficient to pay the Fundamental Change Purchase Price, of all the Securities Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify If the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If on the Fundamental Change Purchase Date the or other Paying Agent appointed by the Company holds cash money sufficient to pay the Fundamental Change Purchase Price of the Securities that Holders have elected to require the Company to purchase any Note for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with Section 5.01, then, as this First Supplemental Indenture on or prior to the Close of Business on the second Business Day following the Fundamental Change Purchase Date, then the following shall occur: (a) any such Securities Note will cease to be outstanding and interest, including Additional Interest if any, interest will cease to accrue thereon on the Fundamental Change Purchase Date (whether or not book-entry transfer of the Notes is made or whether or not the Notes are delivered to the Paying Agent) and (b) all other rights of Holders the Holder in respect of such Securities thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest upon delivery or transfer of such SecurityNote). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered to the Paying Agent, as the case may be.

Appears in 1 contract

Samples: Indenture (Photronics Inc)

Deposit of Fundamental Change Purchase Price. No later than Prior to 10:00 a.m., a.m. (New York City time, ) on the Fundamental Change Purchase Date, the Company shall deposit with the Trustee or with the Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided hereinin Section 2.05) an amount of money cash (in immediately available funds if deposited on such Fundamental Change Purchase DateBusiness Day) sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Securities Notes or portions thereof which are to be purchased as of the Fundamental Change Purchase Date. If the Trustee or other Paying Agent appointed by the Company, or the Company or an Affiliate of the Company, if it or such Affiliate is acting as the Paying Agent, holds cash sufficient to pay the aggregate Fundamental Change Purchase Price of all the Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If on the Fundamental Change Purchase Date the Paying Agent holds cash sufficient to pay the Fundamental Change Purchase Price of the Securities that Holders have elected to require the Company to purchase in accordance with Section 5.01, then, as of the Fundamental Change Purchase Date, (ai) such Securities Notes will cease to be outstanding and interestoutstanding, including Additional Interest if any, (ii) interest on such Notes will cease to accrue thereon and (biii) all other rights of Holders in respect the holders of such Securities Notes will terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery of the Notes, whether or transfer of such Security). This will be the case whether not book-entry transfer of the Securities Notes has been made or the Securities Notes have been delivered to the Trustee or Paying Agent, as the case may be.

Appears in 1 contract

Samples: Indenture (Xoma LTD /De/)

Deposit of Fundamental Change Purchase Price. No later than Prior to 10:00 a.m., New York City time, on the applicable Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, or if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided hereinin Section 2.4) an amount of money cash (in immediately available funds if deposited on such Fundamental Change Purchase DateBusiness Day) sufficient to pay the aggregate Fundamental Change Purchase Price, Price of all the Securities or portions thereof that which are to be purchased as of the such Fundamental Change Purchase Date. The Company shall promptly notify If the Trustee Paying Agent holds, in writing of accordance with the amount of any deposits of cash made pursuant to this Section 5.04. If terms hereof, at 10:00 a.m., New York City time, on the applicable Fundamental Change Purchase Date the Paying Agent holds Date, cash sufficient to pay the Fundamental Change Purchase Price of the any Securities that Holders have elected for which a Fundamental Change Purchase Notice has been tendered and not withdrawn pursuant to require the Company to purchase in accordance with Section 5.015.2(b), then, as of the on such Fundamental Change Purchase Date, (a) such Securities will shall cease to be outstanding and interest, including Additional Interest if any, will interest on such Securities shall cease to accrue thereon accrue, whether or not book-entry transfer of the Securities is made and (b) all other whether or not such Securities are delivered to the Paying Agent, and the rights of the Holders in respect of such Securities will thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price and upon delivery or transfer of such SecuritySecurities). This will be the case whether book-entry transfer of the Securities has been made or the Securities have been delivered to the Paying Agent, as the case may be.

Appears in 1 contract

Samples: Indenture (Komag Inc /De/)

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