Common use of Effect of Change in Control Purchase Notice Clause in Contracts

Effect of Change in Control Purchase Notice. (a) Upon receipt by the Paying Agent of the Change in Control Purchase Notice specified in Section 3.01(c), the Holder of the Note in respect of which such Change in Control Purchase Notice was given shall (unless such Change in Control Purchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Change in Control Purchase Price and any accrued and unpaid interest, with respect to such Note. Such Change in Control Purchase Price and interest shall be paid to such Holder, subject to receipt of funds by the Paying Agent, on or prior to the third Business Day following the later of (x) the Change in Control Purchase Date, with respect to such Note (provided the conditions in Section 3.01(c) have been satisfied) and (y) the time of delivery of such Note to the Paying Agent by the Holder thereof in the manner required by Section 3.01(c). Notes in respect of which a Change in Control Purchase Notice has been given by the Holder thereof may not be converted pursuant to Article 10 hereof on or after the date of the delivery of such Change in Control Purchase Notice unless such Change in Control Purchase Notice has first been validly withdrawn as specified in the following two paragraphs.

Appears in 2 contracts

Samples: Indenture (Symantec Corp), Indenture (Symantec Corp)

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Effect of Change in Control Purchase Notice. (a) Upon receipt by the any Paying Agent of the Change in Control Purchase Notice specified in Section 3.01(cl601(c), the Holder of the Note 2020 Debenture in respect of which such Change in Control Purchase Notice was given shall (unless such Change in Control Purchase Notice is withdrawn as specified in the following two paragraphsbelow) thereafter be entitled to receive solely the Change in Control Purchase Price and any accrued and unpaid interest, with respect to such Note2020 Debenture. Such Change in Control Purchase Price and interest shall be paid to such Holder, subject to receipt of funds by the Paying Agent, on or prior to the third Business Day Holder promptly following the later of (xa) the Change in Control Purchase Date, Date with respect to such Note 2020 Debenture (provided the conditions in Section 3.01(c1601(c) have been satisfied) and (yb) the time of delivery of such Note 2020 Debenture to the a Paying Agent by the Holder thereof in the manner required by Section 3.01(c1601(c). Notes 2020 Debentures in respect of which a Change in Control Purchase Notice has been given by the Holder thereof may not be converted pursuant to Article 10 hereof into Common Stock on or after the date of the delivery of such Change in Control Purchase Notice unless such Change in Control Purchase Notice has first been validly withdrawn as specified in the following two paragraphswithdrawn.

Appears in 1 contract

Samples: Diamond Offshore Drilling Inc

Effect of Change in Control Purchase Notice. (a) Upon receipt by the any Paying Agent of the Change in Control Purchase Notice specified in Section 3.01(cSubsection 3.8(g), the Holder of the Note Security in respect of which such Change in Control Purchase Notice was given shall (unless such Change in Control Purchase Notice is withdrawn as specified in the following two paragraphsbelow) thereafter be entitled to receive solely the Change in Control Purchase Price and any accrued and unpaid interest, with respect to such NoteSecurity. Such Change in Control Purchase Price and interest shall be paid to such Holder, subject to receipt of funds by the Paying Agent, on or prior to the third Business Day Holder promptly following the later of (x1) the Change in Control Purchase Date, Date with respect to such Note Security (provided that the conditions in Section 3.01(cSubsection 3.8(h) have been satisfied) and (y2) the time of delivery of such Note Security to the a Paying Agent by the Holder thereof in the manner required by Section 3.01(cSubsection 3.8(h). Notes Securities in respect of which a Change in Control Purchase Notice has been given by the Holder thereof may not be converted into shares of Common Stock pursuant to Article 10 hereof 4 on or after the date of the delivery of such Change in Control Purchase Notice unless such Change in Control Purchase Notice has first been validly withdrawn as specified in accordance with Subsection (b) immediately below with respect to the following two paragraphsSecurities to be converted.

Appears in 1 contract

Samples: Indenture (Bell Microproducts Inc)

Effect of Change in Control Purchase Notice. (a) Upon receipt by the Paying Agent of the Change in Control Purchase Notice specified in Section 3.01(c3.8(c), the Holder of the Note Security in respect of which such Change in Control Purchase Notice was given shall (unless such Change in Control Purchase Notice is withdrawn as specified in the following two paragraphsbelow) thereafter be entitled to receive solely the Change in Control Purchase Price and any accrued and unpaid interest, with respect to such NoteSecurity plus accrued interest thereon up to but not including the Change in Control Purchase Date. Such Change in Control Purchase Price and accrued interest shall be paid to such Holder, subject to receipt of funds by the Paying Agent, on or prior to the third Business Day Holder promptly following the later of (xa) the Change in Control Purchase Date, Date with respect to such Note Security (provided the conditions in Section 3.01(c3.8(c) have been satisfied) and (yb) the time of delivery of such Note Security to the Paying Agent by the Holder thereof in the manner required by Section 3.01(c3.8(c). Notes Securities in respect of which a Change in Control Purchase Notice has been given by the Holder thereof may not be converted pursuant to Article 10 hereof into shares of Common Stock on or after the date of the delivery of such Change in Control Purchase Notice unless such Change in Control Purchase Notice has first been validly withdrawn as specified in the following two paragraphswithdrawn.

Appears in 1 contract

Samples: Indenture (Equity Corp International)

Effect of Change in Control Purchase Notice. (a) Upon receipt by the Paying Agent of the Change in Control Purchase Notice specified in Section 3.01(c3.8(c), the Holder of the Note Security in respect of which such Change in Control Purchase Notice was given shall (unless such Change in Control Purchase Notice is withdrawn as specified in the following two paragraphsbelow) thereafter be entitled to receive solely the Change in Control Purchase Price and any accrued and unpaid interest, with respect to such NoteSecurity. Such Change in Control Purchase Price and interest shall be paid to such Holder, subject to receipt of funds by the Paying Agent, on or prior to the third Business Day Holder promptly following the later of (xa) the Change in Control Purchase Date, Date with respect to such Note Security (provided the conditions in Section 3.01(c3.8(c) have been satisfied) and (yb) the time of delivery of such Note Security to the Paying Agent by the Holder thereof in the manner required by Section 3.01(c3.8(c). Notes Securities in respect of which a Change in Control Purchase Notice has been given by the Holder thereof may not be converted pursuant to Article 10 hereof into shares of Common Stock on or after the date of the delivery of such Change in Control Purchase Notice unless such Change in Control Purchase Notice has first been validly withdrawn. A Change in Control Purchase Notice may be withdrawn as specified by means of a written notice of withdrawal delivered by the Holder to the office of the Paying Agent at any time prior to the close of business on the Change in the following two paragraphs.Control Purchase Date, specifying:

Appears in 1 contract

Samples: Boston Chicken Inc

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Effect of Change in Control Purchase Notice. (a) Upon receipt by the any Paying Agent of the a properly completed Change in Control Purchase Notice specified in Section 3.01(c)from a Holder, the Holder of the Note Security in respect of which such Change in Control Purchase Notice was given shall (unless such Change in Control Purchase Notice is withdrawn as specified in the following two paragraphsbelow) thereafter be entitled to receive solely the Change in Control Purchase Price and any accrued and unpaid interest, with respect to such NoteSecurity. Such Change in Control Purchase Price and interest shall be paid to such Holder, subject to receipt of funds by the Paying Agent, on or prior to the third Business Day Holder promptly following the later of (x1) the Change in Control Purchase Date, with respect to such Note Date (provided that the conditions in Section 3.01(cSubsection 3.08(h) have been satisfied) and (y2) the time of delivery of such Note Security to the a Paying Agent by the Holder thereof in the manner required by Section 3.01(cSubsection 3.08(h). Notes Securities in respect of which a Change in Control Purchase Notice has been given by the Holder thereof may not be converted into shares of Common Stock pursuant to Article 10 hereof 4 on or after the date of the delivery of such Change in Control Purchase Notice unless such Change in Control Purchase Notice has first been validly withdrawn as specified in accordance with Subsection (b) immediately below with respect to the following two paragraphsSecurities to be converted.

Appears in 1 contract

Samples: Mgi Pharma Inc

Effect of Change in Control Purchase Notice. (a) Upon receipt by the any Paying Agent of the Change in Control Purchase Notice specified in Section 3.01(cSubsection 3.8(f), the Holder of the Note Security in respect of which such Change in Control Purchase Notice was given shall (unless such Change in Control Purchase Notice is withdrawn as specified in the following two paragraphsbelow) thereafter be entitled to receive solely the Change in Control Purchase Price and any accrued and unpaid interest, with respect to such NoteSecurity. Such Change in Control Purchase Price and interest shall be paid to such Holder, subject to receipt of funds by the Paying Agent, on or prior to the third Business Day Holder promptly following the later of (x1) the Change in Control Purchase Date, Date with respect to such Note Security (provided that the conditions in Section 3.01(cSubsection 3.8(f) have been satisfied) and (y2) the time of delivery of such Note Security to the a Paying Agent by the Holder thereof in the manner required by Section 3.01(cSubsection 3.8(f). Notes Securities in respect of which a Change in Control Purchase Notice has been given by the Holder thereof may not be converted into shares of Common Stock pursuant to Article 10 hereof 4 on or after the date of the delivery of such Change in Control Purchase Notice unless such Change in Control Purchase Notice has first been validly withdrawn as specified in accordance with Subsection (b) immediately below with respect to the following two paragraphsSecurities to be converted.

Appears in 1 contract

Samples: Bell Microproducts Inc

Effect of Change in Control Purchase Notice. (a) Upon receipt by the Paying Agent of the Change in Control Purchase Notice specified in Section 3.01(c3.7(c), the Holder of the Note Security in respect of which such Change in Control Purchase Notice was given shall (unless such Change in Control Purchase Notice is withdrawn as specified in the following two paragraphsbelow) thereafter be entitled to receive solely the Change in Control Purchase Price and any accrued and unpaid interest, with respect to such NoteSecurity. Such Change in Control Purchase Price and interest shall be paid to such Holder, subject to receipt of funds by the Paying Agent, on or prior to the third Business Day Holder promptly following the later of (xi) the Change in Control Purchase Date, Date with respect to such Note Security (provided the conditions in Section 3.01(c3.7(c) have been satisfied) and (yii) the time of delivery of such Note Security to the Paying Agent by the Holder thereof in the manner required by Section 3.01(c3.7(c). Notes Securities in respect of which a Change in Control Purchase Notice has been given by the Holder thereof may not be converted pursuant to Article 10 hereof into shares of Common Stock on or after the date of the delivery of such Change in Control Purchase Notice unless such Change in Control Purchase Notice has first been validly withdrawn. A Change in Control Purchase Notice may be withdrawn as specified by means of a written notice of withdrawal delivered by the Holder to the office of the Paying Agent at any time prior to the close of business on the Change in the following two paragraphs.Control Purchase Date to which it relates, specifying:

Appears in 1 contract

Samples: Sterling Software Inc

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