Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F).
Appears in 25 contracts
Samples: Indenture (Progress Software Corp /Ma), Indenture (Winnebago Industries Inc), Indenture (Rivian Automotive, Inc. / DE)
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F).
Appears in 18 contracts
Samples: Indenture (Bloom Energy Corp), Indenture (Halozyme Therapeutics, Inc.), Indenture (Marathon Digital Holdings, Inc.)
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F).
Appears in 8 contracts
Samples: Indenture (Oscar Health, Inc.), Investment Agreement (Oscar Health, Inc.), Indenture (Winnebago Industries Inc)
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); ) and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F)4.03.
Appears in 7 contracts
Samples: Indenture (Vertex, Inc.), Indenture (2U, Inc.), Indenture (Bandwidth Inc.)
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F4.03(G).
Appears in 6 contracts
Samples: Indenture (Desktop Metal, Inc.), Indenture (Stem, Inc.), Indenture (Opendoor Technologies Inc.)
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); and (ii) of such term no later than the Business Day following the Effective Date of such Make-Whole Fundamental Change. The Company will notify Holders of each Make-Whole Fundamental Change occurring pursuant to clause (B) of the definition thereof in accordance with of such term pursuant to Section 4.03(F)4.03.
Appears in 3 contracts
Samples: Indenture (American Eagle Outfitters Inc), Indenture (Dick's Sporting Goods, Inc.), SoFi Technologies, Inc.
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent (if other than the Trustee) of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F4.03(G).
Appears in 3 contracts
Samples: Indenture (Peloton Interactive, Inc.), Coinbase Global, Inc., Coinbase Global, Inc.
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent (if other than the Trustee) of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F).
Appears in 3 contracts
Samples: Indenture (Mirum Pharmaceuticals, Inc.), Cytokinetics, Incorporated (Cytokinetics Inc), Indenture (DigitalOcean Holdings, Inc.)
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent (if other than the Trustee) in writing of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); ) and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F)4.03.
Appears in 2 contracts
Samples: Indenture (Limelight Networks, Inc.), Indenture (Limelight Networks, Inc.)
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Exchange Agent (if other than the Trustee) in writing of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F).
Appears in 2 contracts
Samples: Indenture (Sabre Corp), Indenture (Sabre Corp)
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Exchange Agent of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F).
Appears in 2 contracts
Samples: First Supplemental Indenture (Centennial Resource Development, Inc.), Realogy Group LLC
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent (if other than the Trustee) of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F).
Appears in 2 contracts
Samples: Indenture (SMART Global Holdings, Inc.), Indenture (SMART Global Holdings, Inc.)
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, Holders in writing (with a copy to the Trustee and the Conversion Agent (if other than the Trustee)) of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); ) and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F)4.03, as applicable.
Appears in 2 contracts
Samples: Indenture (Bentley Systems Inc), Indenture (Bentley Systems Inc)
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the HoldersHolders in writing, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F).
Appears in 2 contracts
Samples: Indenture (Shift Technologies, Inc.), Indenture (SmileDirectClub, Inc.)
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F4.03(G)..
Appears in 1 contract
Samples: Inotiv, Inc.
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent (if other than the Trustee) of each Make-Whole Fundamental Change occurring pursuant to (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); ) and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F).
Appears in 1 contract
Samples: Indenture (American Airlines, Inc.)
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of (i) each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); , and (ii) a Make-Whole Fundamental Change occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F)4.03.
Appears in 1 contract
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F).Section
Appears in 1 contract
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent in writing of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F4.03(G).
Appears in 1 contract
Samples: Post Holdings, Inc.
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section Section 5.01(C)(i)(3)(b); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F).
Appears in 1 contract
Samples: Indenture (Lucid Group, Inc.)
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F4.03(E).
Appears in 1 contract
Samples: Indenture (Envista Holdings Corp)
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); ) and Section 4.03 and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F).
Appears in 1 contract
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b) (and, in any event, no later than the effective date of such Make-Whole Fundamental Change); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F).
Appears in 1 contract
Samples: Indenture (Chefs' Warehouse, Inc.)
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent (if other than the Trustee) in writing of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F4.03(G).
Appears in 1 contract
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); ) and (ii) each Make-Whole Fundamental Change occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F)4.03.
Appears in 1 contract
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F5.01.(C)(i)(3)(b).
Appears in 1 contract
Samples: Perficient Inc
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the HoldersHolders in writing, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b5.01(C)(iii); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F). Section 5.08. [Reserved.]
Appears in 1 contract
Samples: Indenture (Starry Holdings, Inc.)
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent in writing of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F).
Appears in 1 contract
Samples: Indenture (Varex Imaging Corp)
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent (if other than the Trustee) in writing of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F4.03(G), as applicable.
Appears in 1 contract
Samples: Magnite, Inc.
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the HoldersHolders in writing, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b5.01(C)(iii); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F).
Appears in 1 contract
Samples: Convertible Note Subscription Agreement (Starry Holdings, Inc.)
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); ) and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F)4.03, as applicable.
Appears in 1 contract
Samples: National Vision Holdings, Inc.
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent in writing of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F).
Appears in 1 contract
Samples: Indenture (Kadmon Holdings, Inc.)
Notice of the Occurrence of a Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b); and (ii) occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F4.03(H).
Appears in 1 contract
Samples: Indenture (Imax Corp)