Common use of Notice of the Occurrence of a Make-Whole Fundamental Change Clause in Contracts

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)

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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

Samples: Indenture (Collegium Pharmaceutical, 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).Section

Appears in 1 contract

Samples: Conversion Notice (Rocket Lab USA, 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(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.)

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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

Samples: Indenture (Cracker Barrel Old Country Store, 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, 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

Samples: Ceridian HCM (Ceridian HCM Holding 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) 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

Samples: Supplemental Indenture (Gossamer Bio, 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(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)

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