Common use of Effect of Repurchase Notice or Fundamental Change Repurchase Notice Clause in Contracts

Effect of Repurchase Notice or Fundamental Change Repurchase Notice. Upon receipt by the Paying Agent of a Repurchase Notice or Fundamental Change Repurchase Notice, the Holder of the Security in respect of which such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, was given shall (unless such Repurchase Notice or Fundamental Change Repurchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Repurchase Price or Fundamental Change Repurchase Price, together with accrued but unpaid interest thereon, up to but not including the Repurchase Date or Fundamental Change Repurchase Date, as the case may be, with respect to such Security; provided that if the Fundamental Change Repurchase Date is between the close of business on a record date and the opening of business on the related interest payment date, accrued and unpaid interest will be payable to the Holders in whose names the Securities are registered at the close of business on the relevant record date. Such Repurchase Price or Fundamental Change Repurchase Price, together with accrued but unpaid interest thereon, shall be paid to such Holder, subject to receipt of funds by the Paying Agent, promptly following the later of (x) the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, with respect to such Security (provided that the conditions in Section 3.08 or Section 3.09, as applicable, have been satisfied) and (y) the time of delivery or book-entry transfer of such Security to the Paying Agent by the Holder thereof in the manner required by Section 3.08(c) or Section 3.09(c), as applicable. Securities in respect of which a Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, has been given by the Holder thereof may not be converted pursuant to Article Nine hereof on or after the date of the delivery of such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, unless such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, has first been validly withdrawn as specified in the following two paragraphs. A Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, at any time prior to the close of business on the Business Day prior to the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, specifying:

Appears in 3 contracts

Samples: Indenture (Chesapeake Energy Corp), Indenture (Gene D. Yost & Son Inc.), Indenture (MidCon Compression LP)

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Effect of Repurchase Notice or Fundamental Change Repurchase Notice. (a) Upon receipt by the Paying Agent of a the Repurchase Notice or Fundamental Change Repurchase NoticeNotice specified in Section 3.07 or Section 3.08, as applicable, the Holder of the Security in respect of which such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, was given shall (unless such Repurchase Notice or Fundamental Change Repurchase Notice Notice, as the case may be, is withdrawn as specified in the following two paragraphsSection 3.09(b)) thereafter be entitled solely to receive solely the Repurchase Price or Fundamental Change Repurchase Price, together with accrued but unpaid interest thereon, up to but not including the Repurchase Date or Fundamental Change Repurchase Date, as the case may be, with respect to such Security; provided that if Security whether or not the Fundamental Change Repurchase Date is between the close of business on a record date and the opening of business on the related interest payment dateSecurity is, accrued and unpaid interest will be payable to the Holders in whose names the Securities are registered at the close of business on the relevant record datefact, properly delivered. Such Repurchase Price or Fundamental Change Repurchase Price, together with accrued but unpaid interest thereon, Price shall be paid to such Holder, subject to receipt of funds and/or securities by the Paying Agent, promptly following the later of (x) the Business Day following the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, with respect to such Security (provided that the conditions in Section 3.08 3.07 or Section 3.093.08, as applicable, have been satisfied) and (y) the time of delivery or book-entry transfer of such Security to the Paying Agent by the Holder thereof in the manner required by Section 3.08(c) 3.07 or Section 3.09(c)3.08, as applicable. Securities in respect of which a Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, Notice has been given by the Holder thereof may not be converted pursuant to and to the extent permitted by Article Nine 10 hereof on or after the date of the delivery of such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, Notice unless such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, Notice has first been validly withdrawn as specified in the following two paragraphs. A Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, at any time prior to the close of business on the Business Day prior to the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, specifying:Section 3.09(b).

Appears in 2 contracts

Samples: School Specialty Inc, Invacare Corp

Effect of Repurchase Notice or Fundamental Change Repurchase Notice. Upon receipt by the Paying Agent Company of a properly completed and executed Repurchase Notice or Fundamental Change Repurchase NoticeNotice specified in Section 7.1 or Section 6.3, as applicable, the Holder of the Security Notes in respect of which such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, was given shall (unless such Repurchase Notice or Fundamental Change Repurchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Repurchase Price or Fundamental Change Repurchase Price, together with accrued but unpaid interest thereon, up to but not including the Repurchase Date or Fundamental Change Repurchase Date, as the case may be, Price with respect to such Security; provided that if the Fundamental Change Repurchase Date is between the close of business on a record date and the opening of business on the related interest payment date, accrued and unpaid interest will be payable to the Holders in whose names the Securities are registered at the close of business on the relevant record dateNotes. Such Repurchase Price or Fundamental Change Repurchase Price, together with accrued but unpaid interest thereon, Price shall be paid to such Holder, subject to receipt of funds by the Paying Agent, Agent to such Holder promptly following the later of (xi) the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, with respect to such Security Notes (provided that the conditions in Section 3.08 7.1 or Section 3.096.2, as applicable, have been satisfied) and (yii) the time of delivery or book-entry transfer of such Security Notes to the Paying Agent by the Holder thereof in the manner required by Section 3.08(c) 7.1 or Section 3.09(c)6.4, as applicable. Securities Notes in respect of which a Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, has been given by the Holder thereof may not be converted pursuant to Article Nine hereof for shares of Common Stock on or after the date of the delivery of such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, unless such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, has first been validly withdrawn as specified in the following two paragraphs. A Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, at any time prior to the close of business on the Business Day prior to the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, specifying:.

Appears in 2 contracts

Samples: Indenture (Saks Inc), Indenture (PSS World Medical Inc)

Effect of Repurchase Notice or Fundamental Change Repurchase Notice. Upon receipt by the Paying Agent of a the Repurchase Notice or Fundamental Change Repurchase NoticeNotice specified in Section 3.07(a) or Section 3.08(c), as applicable, the Holder of the Security in respect of which such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, was given shall (unless such Repurchase Notice or Fundamental Change Repurchase Notice Notice, as the case may be, is withdrawn as specified in the following two paragraphsparagraph) thereafter be entitled to receive solely the Repurchase Price or Fundamental Change Repurchase Price, together with accrued but unpaid interest thereon, up to but not including the Repurchase Date or Fundamental Change Repurchase Date, as the case may be, with respect to such Security; provided that if the Fundamental Change Repurchase Date is between the close of business on a record date and the opening of business on the related interest payment date, accrued and unpaid interest will be payable to the Holders in whose names the Securities are registered at the close of business on the relevant record date. Such Repurchase Price or Fundamental Change Repurchase Price, together with accrued but unpaid interest thereon, Price shall be paid to such Holder, subject to receipt of funds by the Paying Agent, promptly following the later of (xi) the Business Day following the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, with respect to such Security (provided that the conditions in Section 3.08 3.07(a) or Section 3.093.08(c), as applicable, have been satisfied) and (yii) the time of delivery or book-entry transfer of such Security to the Paying Agent by the Holder thereof in the manner required by Section 3.08(c3.07(a) or Section 3.09(c3.08(c), as applicable. Securities in respect of which a Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, Notice has been given by the Holder thereof may not be converted pursuant to Article Nine 10 hereof on or after the date of the delivery of such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, Notice unless such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, Notice has first been validly withdrawn as specified in the following two paragraphs. A Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, at any time prior to the close of business on the Business Day prior to the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, specifying:paragraph.

Appears in 2 contracts

Samples: Indenture (American Realty Capital Properties, Inc.), Indenture (CapLease, Inc.)

Effect of Repurchase Notice or Fundamental Change Repurchase Notice. (a) Upon receipt by the Paying Agent of a the Repurchase Notice or Fundamental Change Repurchase NoticeNotice specified in Section 1109 or Section 1110, as applicable, the Holder of the Security Note in respect of which such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, was given shall (unless such Repurchase Notice or Fundamental Change Repurchase Notice Notice, as the case may be, is withdrawn as specified in the following two paragraphsSection 1111(b)) thereafter be entitled solely to receive solely the Repurchase Price or Fundamental Change Repurchase Price, together with accrued but unpaid interest thereon, up to but not including the Repurchase Date or Fundamental Change Repurchase Date, as the case may be, with respect to such Security; provided that if Note whether or not the Fundamental Change Repurchase Date is between the close of business on a record date and the opening of business on the related interest payment dateNote is, accrued and unpaid interest will be payable to the Holders in whose names the Securities are registered at the close of business on the relevant record datefact, properly delivered. Such Repurchase Price or Fundamental Change Repurchase Price, together with accrued but unpaid interest thereon, Price shall be paid to such Holder, subject to receipt of funds and/or securities by the Paying Agent, promptly following the later of (x) the Business Day following the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, with respect to such Security Note (provided that the conditions in Section 3.08 1109 or Section 3.091110, as applicable, have been satisfied) and (y) the time of delivery or book-entry transfer of such Security Note to the Paying Agent by the Holder thereof in the manner required by Section 3.08(c) 1109 or Section 3.09(c)1110, as applicable. Securities Notes in respect of which a Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, Notice has been given by the Holder thereof may not be converted pursuant to and to the extent permitted by Article Nine Seventeen hereof on or after the date of the delivery of such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, Notice unless such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, Notice has first been validly withdrawn as specified in Section 1111(b). If the following two paragraphs. A Repurchase Notice or Paying Agent holds money sufficient to pay the Fundamental Change Repurchase Notice, as the case may be, may be withdrawn by means of a written notice of withdrawal delivered to the office Price of the Paying Agent in accordance with Notes, which Holders have elected to require the Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, at any time prior Company to the close of business repurchase on the Business Day prior to the Repurchase Date or following the Fundamental Change Repurchase Date, as in accordance with the case may beterms of this Indenture, specifying:then, immediately after the Fundamental Change Repurchase Date, such Notes will cease to be outstanding and Interest, if any, on the Notes will cease to accrue, whether or not the Notes are transferred by book-entry or delivered to the Paying Agent. Thereafter, all other rights of the Holders shall terminate, other than the right to receive the Fundamental Change Repurchase Price upon book-entry transfer of the Notes or delivery of the Notes.

Appears in 1 contract

Samples: Supplemental Indenture (Sonic Automotive Inc)

Effect of Repurchase Notice or Fundamental Change Repurchase Notice. Upon receipt by the Paying Agent of a the Repurchase Notice or Fundamental Change Repurchase NoticeNotice specified in clause (b) of Section 11.08 or clause (b) of Section 11.09, as applicable, the Holder of the Security in respect of which such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, was given shall (unless such Repurchase Notice or Fundamental Change Repurchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Repurchase Price or Fundamental Change Repurchase Price, together with accrued but unpaid interest thereon, up to but not including the Repurchase Date or Fundamental Change Repurchase Date, as the case may be, with respect to such Security; provided that if the Fundamental Change Repurchase Date is between the close of business on a record date and the opening of business on the related interest payment date, accrued and unpaid interest will be payable to the Holders in whose names the Securities are registered at the close of business on the relevant record date. Such Repurchase Price or Fundamental Change Repurchase Price, together with accrued but unpaid interest thereon, Price shall be paid to such Holder, subject to receipt of funds by the Paying Agent, promptly following the later of (x) the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, with respect to such Security (provided that the conditions in clause (b) of Section 3.08 11.08 or clause (b) of Section 3.0911.09, as applicable, have been satisfied) and (y) the time of delivery or book-entry transfer of such Security to the Paying Agent by the Holder thereof in the manner required by clause (b) of Section 3.08(c11.08 or clause (b) or of Section 3.09(c)11.09, as applicable. Securities in respect of which a Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, has been given by the Holder thereof may not be converted pursuant to Article Nine hereof 13 on or after the date of the delivery of such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, unless such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, has first been validly withdrawn as specified in the following two paragraphs. A Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, at any time prior to the close of business on the Business Day prior to the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, specifying:.

Appears in 1 contract

Samples: Indenture (Affymetrix Inc)

Effect of Repurchase Notice or Fundamental Change Repurchase Notice. Upon receipt by the Paying Agent Company of a the Repurchase Notice or Option to Elect Repurchase Upon a Fundamental Change Repurchase Noticespecified in Section 3.08(a) hereof or Section 3.09(c) hereof, as applicable, the Holder of the Security in respect of which such Repurchase Notice or Option to Elect Repurchase Upon a Fundamental Change Repurchase NoticeChange, as the case may be, was given shall (unless such Repurchase Notice or Option to Elect Repurchase Upon a Fundamental Change Repurchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Repurchase Purchase Price or Fundamental Change Repurchase Purchase Price, together with accrued but unpaid interest thereon, up to but not including the Repurchase Date or Fundamental Change Repurchase Date, as the case may be, with respect to such Security; provided that , together with Liquidated Damages, if the Fundamental Change Repurchase Date is between the close of business on a record date and the opening of business on the related interest payment date, accrued and unpaid interest will be payable to the Holders in whose names the Securities are registered at the close of business on the relevant record dateany. Such Repurchase Purchase Price or Fundamental Change Repurchase Purchase Price, together with accrued but unpaid interest thereonLiquidated Damages, if any, shall be paid to such Holder, subject to receipt of funds by the Paying Agent, Holder promptly following the later of (x) the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, with respect to such Security (provided that the conditions in Section 3.08 3.08(a) hereof or Section 3.093.09(c) hereof, as applicable, have been satisfied) and (y) the time of delivery or book-entry transfer of such Security to the Paying Agent by the Holder thereof in the manner required by Section 3.08(c3.08(a) hereof or Section 3.09(c)) hereof, as applicable. Securities in respect of which a Repurchase Notice or Option to Elect Repurchase Upon a Fundamental Change Repurchase NoticeChange, as the case may be, has been given by the Holder thereof may not be converted pursuant to Article Nine hereof for shares of Common Stock on or after the date of the delivery of such Repurchase Notice (or Option to Elect Repurchase Upon a Fundamental Change Repurchase NoticeChange, as the case may be), unless such Repurchase Notice (or Fundamental Change Repurchase Notice, as the case may be, has first been validly withdrawn as specified in the following two paragraphs. A Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, may be withdrawn by means of a written notice of withdrawal delivered Option to the office of the Paying Agent in accordance with the Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, at any time prior to the close of business on the Business Day prior to the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, specifying:Elect

Appears in 1 contract

Samples: Indenture (Nabors Industries Inc)

Effect of Repurchase Notice or Fundamental Change Repurchase Notice. Upon receipt by the Paying Agent of a the Repurchase Notice or Fundamental Change Repurchase NoticeNotice specified in Section 11.08(b) or Section 11.09(b), as applicable, the Holder of the Security in respect of which such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, was given shall (unless such Repurchase Notice or Fundamental Change Repurchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Repurchase Price or Fundamental Change Repurchase Price, together with accrued but unpaid interest thereon, up to but not including the Repurchase Date or Fundamental Change Repurchase Date, as the case may be, with respect to such Security; provided that if the Fundamental Change Repurchase Date is between the close of business on a record date and the opening of business on the related interest payment date, accrued and unpaid interest will be payable to the Holders in whose names the Securities are registered at the close of business on the relevant record date. Such Repurchase Price or Fundamental Change Repurchase Price, together with accrued but unpaid interest thereon, Price shall be paid to such Holder, subject to receipt of funds by the Paying Agent, promptly following the later of (x) the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, with respect to such Security (provided that the conditions in Section 3.08 11.08(b) or Section 3.0911.09(b), as applicable, have been satisfied) and (y) the time of delivery or book-entry transfer of such Security to the Paying Agent by the Holder thereof in the manner required by Section 3.08(c11.08(b) or Section 3.09(c11.09(b), as applicable. Securities in respect of which a Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, has been given by the Holder thereof may not be converted pursuant to Article Nine hereof 13 on or after the date of the delivery of such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, unless such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, has first been validly withdrawn as specified in the following two paragraphs. A Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, at any time prior to the close of business on the Business Day prior to the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, specifying:.

Appears in 1 contract

Samples: Cadence Design Systems Inc

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Effect of Repurchase Notice or Fundamental Change Repurchase Notice. (a) Upon receipt by the Paying Agent of a the Repurchase Notice or Fundamental Change Repurchase NoticeNotice specified in Section 3.07 or Section 3.08, as applicable, the Holder of the Security in respect of which such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, was given shall (unless such Repurchase Notice or Fundamental Change Repurchase Notice Notice, as the case may be, is withdrawn as specified in the following two paragraphsSection 3.09(b)) thereafter be entitled solely to receive solely the Repurchase Price or Fundamental Change Repurchase Price, together with accrued but unpaid interest thereon, up to but not including the Repurchase Date or Fundamental Change Repurchase Date, as the case may be, with respect to such Security; provided that if Security whether or not the Fundamental Change Repurchase Date is between the close of business on a record date and the opening of business on the related interest payment dateSecurity is, accrued and unpaid interest will be payable to the Holders in whose names the Securities are registered at the close of business on the relevant record datefact, properly delivered. Such Repurchase Price or Fundamental Change Repurchase Price, together with accrued but unpaid interest thereon, Price shall be paid to such Holder, subject to receipt of funds and/or securities by the Paying Agent, promptly following the later of (x) the Business Day following the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, with respect to such Security (provided that the conditions in Section 3.08 3.07 or Section 3.093.08, as applicable, have been satisfied) and (y) the time of delivery or book-entry transfer of such Security to the Paying Agent by the Holder thereof in the manner required by Section 3.08(c) 3.07 or Section 3.09(c)3.08, as applicable. Securities in respect of which a Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, Notice has been given by the Holder thereof may not be converted pursuant to and to the extent permitted by Article Nine 11 hereof on or after the date of the delivery of such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, Notice unless such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, Notice has first been validly withdrawn as specified in the following two paragraphs. A Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, at any time prior to the close of business on the Business Day prior to the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, specifying:Section 3.09(b).

Appears in 1 contract

Samples: CBIZ, Inc.

Effect of Repurchase Notice or Fundamental Change Repurchase Notice. Upon receipt by the Paying Agent Company of a the Repurchase Notice or Fundamental Change Repurchase NoticeNotice specified in Section 3.08(a) hereof or Section 3.09(b) hereof, as applicable, the Holder of the Security in respect of which such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, was given shall (unless such Repurchase Notice or Fundamental Change Repurchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Repurchase Purchase Price or Fundamental Change Repurchase Purchase Price, together with accrued but unpaid interest thereon, up to but not including the Repurchase Date or Fundamental Change Repurchase Date, as the case may be, with respect to such Security; provided that if the Fundamental Change Repurchase Date is between the close of business on a record date and the opening of business on the related interest payment date, accrued and unpaid interest will be payable to the Holders in whose names the Securities are registered at the close of business on the relevant record date. Such Repurchase Purchase Price or Fundamental Change Repurchase Price, together with accrued but unpaid interest thereon, Purchase Price shall be paid to such Holder, subject to receipt of funds by the Paying Agent, Holder promptly following the later of (x) the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, with respect to such Security (provided that the conditions in Section 3.08 3.08(a) hereof or Section 3.093.09(c) hereof, as applicable, have been satisfied) and (y) the time of delivery or book-entry transfer of such Security to the Paying Agent by the Holder thereof in the manner required by Section 3.08(c3.08(a) hereof or Section 3.09(c)) hereof, as applicable. Securities in respect of which a Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, has been given by the Holder thereof may not be converted pursuant to Article Nine hereof for shares of Common Stock on or after the date of the delivery of such Repurchase Notice (or Fundamental Change Repurchase Notice, as the case may be), unless such Repurchase Notice (or Fundamental Change Repurchase Notice, as the case may be, ) has first been validly withdrawn as specified in the following two paragraphs. A Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, at any time prior to the close of business on the Business Day prior to the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, specifying:.

Appears in 1 contract

Samples: Indenture (Wellpoint Health Networks Inc /De/)

Effect of Repurchase Notice or Fundamental Change Repurchase Notice. Upon receipt by the Paying Agent of a Repurchase Notice or Fundamental Change Repurchase Notice, the Holder of the Security in respect of which such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, was given shall (unless such Repurchase Notice or Fundamental Change Repurchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Repurchase Price or Fundamental Change Repurchase Price, together with accrued but unpaid interest thereon, up to but not including the Repurchase Date or Fundamental Change Repurchase Date, as the case may be, with respect to such Security; provided that if the Fundamental Change Repurchase Date is between the close of business on a record date and the opening of business on the related interest payment date, accrued and unpaid interest will be payable to the Holders in whose names the Securities are registered at the close of business on the relevant record date. Such Repurchase Price or Fundamental Change Repurchase Price, together with accrued but unpaid interest thereon, up to but not including the Repurchase Date or Fundamental Change Repurchase Date, as the case may be, shall be paid to such Holder, subject to receipt of funds by the Paying Agent, promptly following the later of (x) the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, with respect to such Security (provided that the conditions in Section 3.08 or Section 3.09, as applicable, have been satisfied) and (y) the time of delivery or book-entry transfer of such Security to the Paying Agent by the Holder thereof in the manner required by Section 3.08(c) or Section 3.09(c), as applicable. Securities in respect of which a Repurchase Notice or [[NYCORP:2552346v6:4259b:11/07/05--10:59 p]] Fundamental Change Repurchase Notice, as the case may be, has been given by the Holder thereof may not be converted pursuant to Article Nine hereof on or after the date of the delivery of such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, unless such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, has first been validly withdrawn as specified in the following two paragraphs. A Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, at any time prior to the close of business on the Business Day prior to the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, specifying:

Appears in 1 contract

Samples: Indenture (Chesapeake Energy Corp)

Effect of Repurchase Notice or Fundamental Change Repurchase Notice. Upon receipt by the Paying Agent of a Repurchase Notice or Fundamental Change Repurchase Notice, the Holder of the Security in respect of which such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, was given shall (unless such Repurchase Notice or Fundamental Change Repurchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Repurchase Price or Fundamental Change Repurchase Price, together with accrued but unpaid interest thereon, up to but not including the Repurchase Date or Fundamental Change Repurchase Date, as the case may be, with respect to such Security; provided that if the Fundamental Change Repurchase Date is between the close of business on a record date and the opening of business on the related interest payment date, accrued and unpaid interest will be payable to the Holders in whose names the Securities are registered at the close of business on the relevant record date. Such Repurchase Price or Fundamental Change Repurchase Price, together with accrued but unpaid interest thereon, shall be paid to such Holder, subject to receipt of funds by the Paying Agent, promptly following the later of (x) the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, with respect to such Security (provided that the conditions in Section 3.08 or Section 3.09, as applicable, have been satisfied) and (y) the time of delivery or book-entry transfer of such Security to the Paying Agent by the Holder thereof in the manner required by Section 3.08(c) or Section 3.09(c), as applicable. Securities in respect of which a Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, has been given by the Holder thereof may not be converted pursuant to Article Nine hereof on or after the date of the delivery of such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, unless such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, has first been validly withdrawn as specified in the following two paragraphs. A Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, at any time prior to the close of business on the Business Day prior to the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, specifying:.

Appears in 1 contract

Samples: Indenture (Chesapeake Energy Corp)

Effect of Repurchase Notice or Fundamental Change Repurchase Notice. Upon receipt by the Paying Agent of a the Repurchase Notice or Fundamental Change Repurchase NoticeNotice specified in clause (b) of Section 11.08 or clause (b) of Section 11.09, as applicable, the Holder of the Security in respect of which such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, was given shall (unless such Repurchase Notice or Fundamental Change Repurchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Repurchase Price or Fundamental Change Repurchase Price, together with accrued but unpaid interest thereon, up to but not including the Repurchase Date or Fundamental Change Repurchase Date, as the case may be, with respect to such Security; provided that if the Fundamental Change Repurchase Date is between the close of business on a record date and the opening of business on the related interest payment date, accrued and unpaid interest will be payable to the Holders in whose names the Securities are registered at the close of business on the relevant record date. Such Repurchase Price or Fundamental Change Repurchase Price, together with accrued but unpaid interest thereon, Price shall be paid to such Holder, subject to receipt of funds by the Paying Agent, promptly following the later of (x) the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, with respect to such Security (provided that the conditions in clause (b) of Section 3.08 11.08 or clause (b) of Section 3.0911.09, as applicable, have been satisfied) and (y) the time of delivery or book-entry transfer of such Security to the Paying Agent by the Holder thereof in the manner required by clause (b) of Section 3.08(c11.08 or clause (b) or of Section 3.09(c)11.09, as applicable. Securities in respect of which a Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, has been given by the Holder thereof may not be converted pursuant to Article Nine hereof 13 on or after the date of the delivery of such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, unless such Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, has first been validly withdrawn as specified in the following two paragraphs. A Repurchase Notice or Fundamental Change Repurchase Notice, as the case may be, may be withdrawn only by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase procedures set forth in the Company Notice or Fundamental Change Repurchase Company Notice, as the case may be, at any time prior to the close of business on the Business Day immediately prior to the Repurchase Date or the Fundamental Change Repurchase Date, as the case may be, specifying:

Appears in 1 contract

Samples: Affymetrix Inc

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