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

Effect of Change of Control Repurchase Notice. Upon receipt by the Paying Agent of the Change of Control Repurchase Notice specified in Section 3.01(c), the Holder of the Note in respect of which such Change of Control Repurchase Notice was given shall (unless such Change of Control Repurchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Change of Control Repurchase Price with respect to such Note. Such Change of Control Repurchase Price shall be paid to such Holder, subject to receipts of funds and/or Notes by the Paying Agent, promptly following the later of (x) the Change of Control Repurchase Date with respect to such Note (provided that 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 of Control Repurchase 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of such Change of Control Repurchase Notice unless such Change of Control Repurchase Notice has first been validly withdrawn as specified in the following two paragraphs. A Change of Control Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Change of Control Repurchase Notice at any time prior to the close of business on the Business Day immediately preceding the Change of Control Repurchase Date specifying:

Appears in 3 contracts

Samples: Indenture (Xcel Energy Inc), Indenture (Xcel Energy Inc), Indenture (Xcel Energy Inc)

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Effect of Change of Control Repurchase Notice. (a) Upon receipt by the any Paying Agent of the a properly completed Change of Control Repurchase Notice specified in Section 3.01(c)from a Holder, the Holder of the Note Security in respect of which such Change of Control Repurchase Notice was given shall (unless such Change of Control Repurchase Notice is withdrawn as specified in Section 3.09(b) or the following two paragraphsCompany has elected to adjust the Conversion Rate in lieu of permitting Holders to require the Company to repurchase Securities as described in Section 3.08(d)) thereafter be entitled to receive solely the Change of Control Repurchase Price with respect to such NoteSecurity, subject to the occurrence of the Change of Control Effective Date. Such Change of Control Repurchase Price shall be paid to such Holder, subject to receipts of funds and/or Notes by the Paying Agent, Holder promptly following the later of (x1) the Change of Control Repurchase Date with respect to such Note (provided that the conditions in Section 3.01(c) 3.08 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(c3.08(c). Notes Securities in respect of which a Change of Control Repurchase Notice, 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 of Control Repurchase Notice unless such Change of Control Repurchase Notice has first been validly withdrawn as specified in the following two paragraphs. A Change of Control Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Change of Control Repurchase Notice at any time prior Section 3.09(b) with respect to the close of business on the Business Day immediately preceding the Change of Control Repurchase Date specifying:Securities to be converted.

Appears in 2 contracts

Samples: Indenture (Pinnacle Airlines Corp), Open Solutions Inc

Effect of Change of Control Repurchase Notice. Upon receipt by the Paying Agent of the Change of Control Repurchase Notice specified in Section 3.01(c3.02(d), the Holder of the Note in respect of which such Change of Control Repurchase Notice was given shall (unless such Change of Control Repurchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Change of Control Repurchase Price with respect to such Note. Such Change of Control Repurchase Price shall be paid to such Holder, subject to receipts of funds and/or Notes by the Paying Agent, promptly following the later of (x) the Change of Control Repurchase Date with respect to such Note (provided that the conditions in Section 3.01(c3.02(d) 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(c3.02(d). Notes in respect of which a Change of Control Repurchase 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 of Control Repurchase Notice unless such Change of Control Repurchase Notice has first been validly withdrawn as specified in the following two paragraphs. A Change of Control Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Change of Control Repurchase Notice at any time prior to the close of business on the Business Day immediately preceding the Change of Control Repurchase Date specifying:

Appears in 2 contracts

Samples: Indenture (Freeport McMoran Copper & Gold Inc), Indenture (McMoran Exploration Co /De/)

Effect of Change of Control Repurchase Notice. Upon receipt by the Paying Agent of the Change of Control Repurchase Notice specified in Section 3.01(c5.1(c), the Holder of the Note Security in respect of which such Change of Control Repurchase Notice was given shall (unless such Change of Control Repurchase Notice is withdrawn as specified in the following two paragraphsparagraph) thereafter be entitled to receive solely the Change of Control Repurchase Price with respect to such NoteSecurity. Such Change of Control Repurchase Price shall be paid to such Holder, subject to receipts of funds cash and/or Notes securities by the Paying Agent, promptly following the later of (xa) the Change of Control Repurchase Date with respect to such Note Security (provided that the conditions in Section 3.01(c5.1(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(c5.1(c). Notes Securities in respect of which a Change of Control Repurchase Notice, Notice has been given by the Holder thereof may not be converted pursuant to Article 10 hereof XII on or after the date of the delivery of such Change of Control Repurchase Notice unless such Change of Control Repurchase Notice has first been validly withdrawn as specified in the following two paragraphsparagraph. A Change of Control Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Change of Control Repurchase Notice at any time prior to the close of business 5:00 p.m., New York City time, on the Business Day immediately preceding the Change of Control Repurchase Date Date, specifying:

Appears in 1 contract

Samples: Scottish Annuity & Life Holdings LTD

Effect of Change of Control Repurchase Notice. Upon receipt by the Paying Agent of the Change of Control Repurchase Notice specified in Section 3.01(c3.10(d), the Holder of the Note in respect of which such Change of Control Repurchase Notice was given shall (unless such Change of Control Repurchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Change of Control Repurchase Price with respect to such Note, except that Holders of Notes on the date of the Change of Control will be entitled to receive the Make Whole Premium on the Change of Control Repurchase Date if such Notes are converted following the date of the Change of Control and on or before the Change of Control Repurchase Date. Such Change of Control Repurchase Price shall be paid to such Holder, subject to receipts of funds and/or Notes by the Paying Agent, promptly following the later of (x) the Change of Control Repurchase Date with respect to such Note (provided that the conditions in Section 3.01(c3.10(d) 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(c3.10(d). Notes in respect of which a Change of Control Repurchase Notice, 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 of Control Repurchase Notice unless such Change of Control Repurchase Notice has first been validly withdrawn as specified in the following two paragraphs. A Change of Control Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Change of Control Repurchase Notice at any time prior to the close of business on the Business Day immediately preceding the Change of Control Repurchase Date specifying:

Appears in 1 contract

Samples: Indenture (Vector Group LTD)

Effect of Change of Control Repurchase Notice. Upon receipt by the Paying Agent of the Change of Control Repurchase Notice specified in Section 3.01(c3.10(d), the Holder of the Note in respect of which such Change of Control Repurchase Notice was given shall (unless such Change of Control Repurchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Change of Control Repurchase Price with respect to such Note. Such Change of Control Repurchase Price shall be paid to such Holder, subject to receipts of funds and/or Notes by the Paying Agent, promptly following the later of (x) the Change of Control Repurchase Date with respect to such Note (provided that the conditions in Section 3.01(c3.10(d) 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(c3.10(d). Notes in respect of which a Change of Control Repurchase 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 of Control Repurchase Notice unless such Change of Control Repurchase Notice has first been validly withdrawn as specified in the following two paragraphs. A Change of Control Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Change of Control Repurchase Notice at any time prior to the close of business on the Business Day immediately preceding the Change of Control Repurchase Date specifying:

Appears in 1 contract

Samples: Indenture (Regeneron Pharmaceuticals Inc)

Effect of Change of Control Repurchase Notice. Upon receipt by the Paying Agent of the Change of Control Repurchase Notice specified in Section 3.01(c3.02(d), the Holder of the Note in respect of which such Change of Control Repurchase Notice was given shall (unless such Change of Control Repurchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Change of Control Repurchase Price with respect to such Note. Such Change of Control Repurchase Price shall be paid to such Holder, subject to receipts of funds and/or Notes by the Paying Agent, promptly following the later of (x) the Change of Control Repurchase Date with respect to such Note (provided that the conditions in Section 3.01(c3.02(d) 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(c3.02(d). Notes in respect of which a Change of Control Repurchase Notice, 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 of Control Repurchase Notice unless such Change of Control Repurchase Notice has first been validly withdrawn as specified in the following two paragraphs. A Change of Control Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Change of Control Repurchase Notice at any time prior to the close of business on the Business Day immediately preceding the Change of Control Repurchase Date specifying:

Appears in 1 contract

Samples: Wabash National Corp /De

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Effect of Change of Control Repurchase Notice. Upon receipt by the Paying Agent of the Change of Control Repurchase Notice specified in Section 3.01(c3.08(d), the Holder of the Note in respect of which such Change of Control Repurchase Notice was given shall (unless such Change of Control Repurchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Change of Control Repurchase Price with respect to such Note. Such Change of Control Repurchase Price shall be paid to such Holder, subject to receipts of funds and/or Notes by the Paying Agent, promptly following the later of (x) the Change of Control Repurchase Date with respect to such Note (provided that the conditions in Section 3.01(c3.08(d) 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(c3.08(d). Notes in respect of which a Change of Control Repurchase 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 of Control Repurchase Notice unless such Change of Control Repurchase Notice has first been validly withdrawn as specified in the following two paragraphs. A Change of Control Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Change of Control Repurchase Notice at any time prior to the close of business on the Business Day immediately preceding the Change of Control Repurchase Date specifying:

Appears in 1 contract

Samples: Freeport McMoran Copper & Gold Inc

Effect of Change of Control Repurchase Notice. Upon receipt by the Paying Agent Trustee of the a Change of Control Repurchase Notice specified in Section 3.01(c601(d), the Holder of the Note in respect of which such Change of Control Repurchase Notice was given shall (unless such Change of Control Repurchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Change of Control Repurchase Price with respect to such Note. Such Change of Control Repurchase Price shall be paid to such Holder, subject to receipts of funds and/or Notes shares of Common Stock, as the case may be, by the Paying AgentTrustee, promptly following the later of (x) the Change of Control Repurchase Date with respect to such Note (provided provided, that the conditions in Section 3.01(c601(d) have been satisfied) ), and (y) the time of delivery of such Note to the Paying Agent Trustee by the Holder thereof in the manner required by Section 3.01(c601(d). In the event that the Company shall elect to pay the Change of Control Repurchase Price in shares of Common Stock, then a Holder entitled to receive shares of Common Stock upon such repurchase shall be treated for all purposes as the record holder of such shares as of immediately prior to the close of business on the Change of Control Repurchase Date. Notes (or portions of Notes) in respect of which a Change of Control Repurchase Notice, Notice has been given by the Holder thereof may not be converted pursuant to Article 10 Four hereof on or after the date of the delivery of such Change of Control Repurchase Notice unless such Change of Control Repurchase Notice has first been validly withdrawn as specified in the following two paragraphs, except for, in the case of any Note which such Change of Control Repurchase Notice indicates is to be surrendered for repurchase in part, the portion thereof that is not to be surrendered for repurchase. A Change of Control Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the offices of the Trustee in the Borough of Manhattan, The City of New York (or at any additional office of the Paying Agent in accordance with the Change of Control Repurchase Notice Trustee which may be designated for such purpose) at any time prior to the close of business on the Business Day immediately preceding the Change of Control Repurchase Date specifying:

Appears in 1 contract

Samples: Supplemental Indenture (Performance Food Group Co)

Effect of Change of Control Repurchase Notice. Upon receipt by the Paying Agent of the Change of Control Repurchase Notice specified in Section 3.01(c3.10(d), the Holder of the Note in respect of which such Change of Control Repurchase Notice was given shall (unless such Change of Control Repurchase Notice is withdrawn as specified in the following two paragraphsthis Section 3.11) thereafter be entitled to receive solely the Change of Control Repurchase Price with respect to such Note. Such Change of Control Repurchase Price shall be paid to such Holder, subject to receipts of funds and/or Notes by the Paying Agent, promptly following the later of (x) the Change of Control Repurchase Date with respect to such Note (provided that the conditions in Section 3.01(c3.10(d) 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(c3.10(d). Notes in respect of which a Change of Control Repurchase 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 of Control Repurchase Notice Notice, unless such Change of Control Repurchase Notice has first been validly withdrawn as specified in the following two paragraphsthis Section 3.11. A Change of Control Repurchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Change of Control Repurchase Notice at any time prior to the close of business on the Business Day immediately preceding the Change of Control Repurchase Date specifying:

Appears in 1 contract

Samples: Osi Pharmaceuticals Inc

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