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

Deposit of Fundamental Change Purchase Price. Prior to 11:00 a.m., New York City time, on the Business Day immediately succeeding the applicable Fundamental Change Purchase Date, the Company shall irrevocably deposit with the Paying Agent an amount of cash (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Fundamental Change Purchase Price of all the Notes or portions thereof which are to be purchased as of such Fundamental Change Purchase Date. If the Paying Agent holds, in accordance with the terms hereof, at 11:00 a.m., New York City time, on the Business Day immediately succeeding the applicable Fundamental Change Purchase Date, cash sufficient to pay the Fundamental Change Purchase Price of any Notes for which a Fundamental Change Purchase Notice has been tendered and not withdrawn pursuant to Section 5.2(b), then, as of such Fundamental Change Purchase Date, such Notes shall cease to be outstanding and interest, Additional Amounts and Additional Interest, if any, on such Notes shall cease to accrue, whether or not such Notes are delivered to the Paying Agent, and the rights of the Holders in respect thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery of such Notes). The Company shall make a Public Notice of the aggregate principal amount of Notes purchased as a result of such Fundamental Change on or as soon as practicable after the Fundamental Change Purchase Date.

Appears in 2 contracts

Samples: Indenture (Willbros Group Inc), Willbros Group Inc

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Deposit of Fundamental Change Purchase Price. Prior to 11:00 10:00 a.m., New York City time, on the Business Day immediately succeeding the applicable Fundamental Change Purchase Date, the Company shall irrevocably deposit with the Paying Agent an amount of cash (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Fundamental Change Purchase Price of all the Notes or portions thereof which are to be purchased as of such Fundamental Change Purchase Date. If the Paying Agent holds, in accordance with the terms hereof, at 11:00 10:00 a.m., New York City time, on the Business Day immediately succeeding following the applicable Fundamental Change Purchase Date, cash sufficient to pay the Fundamental Change Purchase Price of any Notes for which a Fundamental Change Purchase Notice has been tendered and not withdrawn pursuant to Section 5.2(b), then, as of on such Fundamental Change Purchase Date, such Notes shall cease to be outstanding and interest, Additional Amounts interest and Additional Interest, if any, on such Notes shall cease to accrue, whether or not such Notes are delivered to the Paying Agent, and the rights of the Holders in respect thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery of such Notes). The Company shall make a Public Notice of the aggregate principal amount of Notes purchased as a result of such Fundamental Change on or as soon as practicable after the Fundamental Change Purchase Date.

Appears in 2 contracts

Samples: Indenture (Xm Satellite Radio Holdings Inc), Sirius Xm Radio Inc.

Deposit of Fundamental Change Purchase Price. Prior to 11:00 10:00 a.m., New York City time, on the Business Day immediately succeeding the applicable Fundamental Change Purchase Date, the Company Issuer shall irrevocably deposit with the Paying Agent (or, if the Issuer 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 cash money (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Fundamental Change Purchase Price of all the Notes or portions thereof which that are to be purchased as of such the Fundamental Change Purchase Date. If the Paying Agent holds, in accordance with the terms hereof, at 11:00 a.m., New York City time, on the Business Day immediately succeeding the applicable Fundamental Change Purchase Date, holds cash sufficient to pay the Fundamental Change Purchase Price of any the Notes for which a Fundamental Change Purchase Notice has been tendered surrendered and not withdrawn pursuant to Section 5.2(b)in accordance with this Indenture on the Fundamental Change Purchase Date, then, as of then on and after such Fundamental Change Purchase Date, (a) such Notes shall will cease to be outstanding and interest, Additional Amounts and Additional Interest, if any, on such Notes shall interest will cease to accrue, accrue thereon (whether or not book-entry transfer of such Notes are is made or such Notes have been delivered to the Paying Agent, ) and the (b) all other rights of the Holders in respect thereof shall will terminate (other than the right to receive the Fundamental Change Purchase Price and any previously accrued and unpaid interest on such Notes upon delivery or book-entry transfer of such Notes). The Company shall make a Public Notice of the aggregate principal amount of Notes purchased as a result of such Fundamental Change on or as soon as practicable after the Fundamental Change Purchase Date.

Appears in 2 contracts

Samples: Alpha Natural Resources, Inc., Alpha Natural Resources, Inc.

Deposit of Fundamental Change Purchase Price. Prior to 11:00 10:00 a.m., New York City Eastern Standard time, on the Business Day immediately succeeding the applicable Fundamental Change Purchase Date, the Company shall irrevocably deposit with the Paying Agent an amount of cash (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Fundamental Change Purchase Price of all the Notes or portions thereof which are to be purchased as of such Fundamental Change Purchase Date. If the Paying Agent holds, in accordance with the terms hereof, at 11:00 10:00 a.m., New York City Eastern Standard time, on the Business Day immediately succeeding the applicable Fundamental Change Purchase Date, cash sufficient to pay the Fundamental Change Purchase Price of any Notes for which a Fundamental Change Purchase Notice has been tendered and not withdrawn pursuant to Section 5.2(b), then, as of on such Fundamental Change Purchase Date, such Notes shall cease to be outstanding and interest, Additional Amounts Contingent Interest and Additional Interest, if any, on such Notes shall cease to accrue, whether or not such Notes are delivered to the Paying Agent, and the rights of the Holders in respect thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery of such Notes). The Company shall make issue a Public Notice of the aggregate principal amount of Notes purchased as a result of such Fundamental Change on or as soon as practicable after the Fundamental Change Purchase Date.

Appears in 1 contract

Samples: Greenbrier Companies Inc

Deposit of Fundamental Change Purchase Price. Prior to 11:00 a.m., New York City time, on the Business Day immediately succeeding the applicable Fundamental Change Purchase Date, Date the Company shall irrevocably 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 cash money (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Fundamental Change Purchase Price of all the Notes or portions thereof which that are to be purchased as of such the Fundamental Change Purchase Date. If the Paying Agent holds, in accordance with the terms hereof, at 11:00 a.m., New York City time, on the Business Day immediately succeeding the applicable Fundamental Change Purchase Date, holds cash sufficient to pay the Fundamental Change Purchase Price of any the Notes for which a Fundamental Change Purchase Notice has been tendered delivered and not withdrawn pursuant to Section 5.2(b), then, in accordance with this Indenture on the Fundamental Change Purchase Date then as of such Fundamental Change Purchase Date, Date (a) such Notes shall will cease to be outstanding Outstanding and interest, Additional Amounts and Additional Interest, if any, on such Notes shall interest will cease to accrue, accrue thereon (whether or not book-entry transfer of such Notes are is made or such Notes have been delivered to the Paying Agent, ) and the (b) all other rights of the Holders in respect thereof shall will terminate (other than the right to receive the Fundamental Change Purchase Price and any previously accrued and unpaid interest on such Notes upon delivery or book-entry transfer of such Notes). The Company shall make a Public Notice of the aggregate principal amount of Notes purchased as a result of such Fundamental Change on or as soon as practicable after the Fundamental Change Purchase Date.

Appears in 1 contract

Samples: Amicus Therapeutics Inc

Deposit of Fundamental Change Purchase Price. Prior to 11:00 a.m., New York City time, on the Business Day immediately succeeding the applicable Fundamental Change Purchase Date, Date the Company shall irrevocably deposit with the Paying Agent (or, if the Company 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 cash money (in immediately available funds if deposited on such Business Dayfunds) sufficient to pay the aggregate Fundamental Change Purchase Price of all the Notes or portions thereof which that are to be purchased as of such the Fundamental Change Purchase Date. If the Paying Agent holds, in accordance with the terms hereof, at 11:00 a.m., New York City time, on the Business Day immediately succeeding the applicable Fundamental Change Purchase Date, holds cash sufficient to pay the Fundamental Change Purchase Price of any the Notes for which a Fundamental Change Purchase Notice has been tendered delivered and not withdrawn pursuant to Section 5.2(b), then, in accordance with this Indenture on the Fundamental Change Purchase Date then as of such Fundamental Change Purchase Date, Date (a) such Notes shall will cease to be outstanding Outstanding and interest, Additional Amounts and Additional Interest, if any, on such Notes shall interest will cease to accrue, accrue thereon (whether or not book-entry transfer of such Notes are is made or such Notes have been delivered to the Paying Agent, ) and the (b) all other rights of the Holders in respect thereof shall will terminate (other than the right to receive the Fundamental Change Purchase Price and any previously accrued and unpaid interest on such Notes upon delivery or book-entry transfer of such Notes). The Company shall make a Public Notice of the aggregate principal amount of Notes purchased as a result of such Fundamental Change on or as soon as practicable after the Fundamental Change Purchase Date.

Appears in 1 contract

Samples: Trinity Biotech PLC

Deposit of Fundamental Change Purchase Price. Prior to 11:00 10:00 a.m., New York City Eastern Standard time, on the Business Day immediately succeeding the applicable Fundamental Change Purchase Date, the Company shall irrevocably deposit with the Paying Agent an amount of cash (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Fundamental Change Purchase Price of all the Notes Securities or portions thereof which are to be purchased as of such Fundamental Change Purchase Date. If the Paying Agent holds, in accordance with the terms hereof, at 11:00 10:00 a.m., New York City Eastern Standard time, on the Business Day immediately succeeding the applicable Fundamental Change Purchase Date, cash sufficient to pay the Fundamental Change Purchase Price of any Notes Securities for which a Fundamental Change Purchase Notice has been tendered and not withdrawn pursuant to Section 5.2(b), then, as of on such Fundamental Change Purchase Date, such Notes Securities shall cease to be outstanding and interest, Additional Amounts interest and Additional Interest, if any, on such Notes Securities shall cease to accrue, whether or not such Notes Securities are delivered to the Paying Agent, and the rights of the Holders in respect thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery of such NotesSecurities). The Company shall make a Public Notice of the aggregate principal amount of Notes Securities purchased as a result of such Fundamental Change on or as soon as practicable after the Fundamental Change Purchase Date.

Appears in 1 contract

Samples: Supplemental Indenture (DRS Technologies Inc)

Deposit of Fundamental Change Purchase Price. Prior to 11:00 10:00 a.m., New York City time, on the Business Day immediately succeeding the applicable Fundamental Change Purchase Date, the Company shall irrevocably deposit with the Paying Agent an amount of cash (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Fundamental Change Purchase Price of all the Notes or portions thereof which are to be purchased as of such Fundamental Change Purchase Date. If the Paying Agent holds, in accordance with the terms hereof, at 11:00 10:00 a.m., New York City time, on the Business Day immediately succeeding the applicable Fundamental Change Purchase Date, cash sufficient to pay the Fundamental Change Purchase Price of any Notes for which a Fundamental Change Purchase Notice has been tendered and not withdrawn pursuant to Section 5.2(b), then, as of on such Fundamental Change Purchase Date, such Notes shall cease to be outstanding and interest, Additional Amounts Contingent Interest and Additional Interest, if any, on such Notes shall cease to accrue, whether or not such Notes are delivered to the Paying Agent, and the rights of the Holders in respect thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery of such Notes). The Company shall make a Public Notice of the aggregate principal amount Principal Amount at Issuance of Notes purchased as a result of such Fundamental Change on or as soon as practicable after the Fundamental Change Purchase Date.

Appears in 1 contract

Samples: Comtech Telecommunications Corp /De/

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Deposit of Fundamental Change Purchase Price. Prior to 11:00 10:00 a.m., New York City time, on the Business Day immediately succeeding the applicable Fundamental Change Purchase Date, the Company shall irrevocably deposit with the Paying Agent an amount of cash (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Fundamental Change Purchase Price of all the Notes or portions thereof which are to be purchased as of such Fundamental Change Purchase Date. If the Paying Agent holds, in accordance with the terms hereof, at 11:00 10:00 a.m., New York City time, on the Business Day immediately succeeding the applicable Fundamental Change Purchase Date, cash sufficient to pay the Fundamental Change Purchase Price of any Notes for which a Fundamental Change Purchase Notice has been tendered and not withdrawn pursuant to Section 5.2(b), then, as of on such Fundamental Change Purchase Date, such Notes shall cease to be outstanding and interest, Additional Amounts interest and Contingent Interest and Additional Interest, if any, on such Notes shall cease to accrue, whether or not book-entry transfer of such Notes is made and whether or not such Notes are delivered to the Paying Agent, and the rights of the Holders in respect thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery of such Notes). The Company shall make a Public Notice of the aggregate principal amount of Notes purchased as a result of such Fundamental Change on or as soon as practicable after the Fundamental Change Purchase Date.

Appears in 1 contract

Samples: Synaptics Incorporated (Synaptics Inc)

Deposit of Fundamental Change Purchase Price. Prior to 11:00 10:00 a.m., New York City time, on the Business Day immediately succeeding the applicable Fundamental Change Purchase Date, the Company shall irrevocably deposit with the Paying Agent an amount of cash (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Fundamental Change Purchase Price of all the Notes or portions thereof which are to be purchased as of such Fundamental Change Purchase Date. If the Paying Agent holds, in accordance with the terms hereof, at 11:00 10:00 a.m., New York City time, on the Business Day immediately succeeding the applicable Fundamental Change Purchase Date, cash sufficient to pay the Fundamental Change Purchase Price of any Notes for which a Fundamental Change Purchase Notice has been tendered and not withdrawn pursuant to Section 5.2(b), then, as of on such Fundamental Change Purchase Date, such Notes shall cease to be outstanding and interest, Additional Amounts interest and Additional Interest, if any, on such Notes shall cease to accrue, whether or not such Notes are delivered to the Paying Agent, and the rights of the Holders in respect thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery of such Notes). The Company shall make a Public Notice of the aggregate principal amount of Notes purchased as a result of such Fundamental Change on or as soon as practicable after the Fundamental Change Purchase Date.

Appears in 1 contract

Samples: Indenture (CTS Corp)

Deposit of Fundamental Change Purchase Price. Prior to 11:00 10:00 a.m., New York City time, on the Business Day immediately succeeding the applicable Fundamental Change Purchase Date, the Company shall irrevocably deposit with the Paying Agent an amount of cash (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Fundamental Change Purchase Price of all the Notes or portions thereof which are to be purchased as of such Fundamental Change Purchase Date. If the Paying Agent holds, in accordance with the terms hereof, at 11:00 10:00 a.m., New York City time, on the Business Day immediately succeeding following the applicable Fundamental Change Purchase Date, cash sufficient to pay the Fundamental Change Purchase Price of any Notes for which a Fundamental Change Purchase Notice has been tendered and not withdrawn pursuant to Section 5.2(b14.02(b), then, as of on such Fundamental Change Purchase Date, such Notes shall cease to be outstanding and interest, Additional Amounts interest and Additional Interest, if any, on such Notes shall cease to accrue, whether or not book-entry transfer of the Notes is made or whether or not such Notes are delivered to the Paying Agent, and the rights of the Holders holders in respect thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest (including Additional Interest) upon delivery or transfer of such Notes). The Company shall make a Public Notice of the aggregate principal amount of Notes purchased as a result of such Fundamental Change on or as soon as practicable after the Fundamental Change Purchase Date.

Appears in 1 contract

Samples: Network Equipment Technologies Inc

Deposit of Fundamental Change Purchase Price. Prior to 11:00 10:00 a.m., New York City time, on the Business Day immediately succeeding the applicable Fundamental Change Purchase Date, the Company shall irrevocably deposit with the Paying Agent an amount of cash (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Fundamental Change Purchase Price of all the Notes or portions thereof which are to be purchased as of such Fundamental Change Purchase Date. If the Paying Agent holds, in accordance with the terms hereof, at 11:00 10:00 a.m., New York City time, on the Business Day immediately succeeding the applicable Fundamental Change Purchase Date, cash sufficient to pay the Fundamental Change Purchase Price of any Notes for which a Fundamental Change Purchase Notice has been tendered and not withdrawn pursuant to Section 5.2(b), then, as of on such Fundamental Change Purchase Date, such Notes shall cease to be outstanding and interest, Additional Amounts interest and Additional Interest, if any, on such Notes shall cease to accrue, whether or not book-entry transfer of such Notes is made and whether or not such Notes are delivered to the Paying Agent, and the rights of the Holders in respect thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price upon delivery of such Notes). The Company shall make a Public Notice of the aggregate principal amount of Notes purchased as a result of such Fundamental Change on or as soon as practicable after the Fundamental Change Purchase Date.

Appears in 1 contract

Samples: Cray Inc

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