Offer to Prepay Notes. The offer to prepay Notes contemplated by Section 8.3(a) shall be an offer to prepay, in accordance with and subject to this Section 8.3, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date shall be not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th day after the date of such offer).
Appears in 4 contracts
Samples: Note Purchase Agreement (Tampa Electric Co), Guaranty Agreement (Tampa Electric Co), Note Purchase Agreement (LTC Properties Inc)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Section 8.3(a8.7(a) shall be an offer to prepay, in accordance with and subject to this Section 8.38.7, all, but not less than all, of the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such The Proposed Prepayment Date shall be a Business Day and such date shall be not less than 30 20 days and not more than 60 30 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 30th day after the date of such offer).
Appears in 4 contracts
Samples: Note Purchase Agreement (South Jersey Industries Inc), Note Purchase Agreement (South Jersey Industries Inc), Note Purchase Agreement (South Jersey Industries Inc)
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.9 shall be an offer to prepay, in accordance with and subject to this Section 8.38.9, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date shall be not less than 30 days and not more than 60 120 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th 45th day after the date of such offer).
Appears in 3 contracts
Samples: Guarantee and Subordination Agreement (Enerplus Resources Fund), Subordination Agreement (ENERPLUS Corp), Note Purchase Agreement (ENERPLUS Corp)
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.4 shall be an offer to prepay, in accordance with and subject to this Section 8.38.4, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date shall be not less than 30 days and not more than 60 120 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th 45th day after the date of such offer).
Appears in 3 contracts
Samples: Note Purchase Agreement (Alliance Holdings GP, L.P.), Note Purchase Agreement (Alliance Resource Partners Lp), Subsidiary Guaranty Agreement (Alliance Resource Partners Lp)
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraphs (a) and (b) of this Section 8.3(a) 8.3 shall be an offer to prepay, in accordance with and subject to this Section 8.3, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such If such Proposed Prepayment Date is in connection with an offer contemplated by subparagraph (a) of this Section 8.3, such date shall be not less than 30 days and not more than 60 90 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th 45th day after the date of such offer).
Appears in 3 contracts
Samples: Paying Agent Agreement (Essex Property Trust Inc), Note Purchase Agreement (Mid America Apartment Communities Inc), Mid America Apartment Communities Inc
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.8 shall be an offer to prepay, in accordance with and subject to this Section 8.38.8, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date The Proposed Prepayment Date shall be a Business Day and shall be not less than 30 days and not more than 60 45 days after the date of such offer (or if offer. If the Proposed Prepayment Date shall is not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 30th day after the date of such offer).
Appears in 2 contracts
Samples: Subsidiary Guaranty Agreement (Paychex Inc), Subsidiary Guaranty Agreement (Paychex Inc)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Section 8.3(athe foregoing clause (i) shall be an offer to prepay, in accordance with and subject to this Section 8.3paragraph 4C, all, but not less than all, the Notes held by each holder (in this case only, “"holder” " in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “"Proposed Prepayment Date”"). Such date Proposed Prepayment Date shall be not less than 30 50 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 50th day after the date of such offer).
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Hallwood Energy Corp), Subordinated Note and Warrant Purchase Agreement (Hallwood Consolidated Resources Corp)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Section 8.3(athe foregoing paragraph (a) shall be an offer to prepay, in accordance with and subject to this Section 8.3, all, but not less than all, the Notes held by each holder (and in this case onlycase, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date Proposed Prepayment Date shall be not less than 30 10 days and not more than 60 30 days after the date of such offer (or or, if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 20th day after the date of such offer).
Appears in 2 contracts
Samples: Note Purchase Agreement (Alabama Gas Corp), Note Purchase Agreement (Alabama Gas Corp)
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.4 shall be an offer to prepay, in accordance with and subject to this Section 8.38.4, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a the date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date shall be ) that is not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following the 40th day which is at least 45 days after the date of such offer).
Appears in 2 contracts
Samples: Note Purchase Agreement (UTi WORLDWIDE INC), Note Purchase Agreement (UTi WORLDWIDE INC)
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.7 shall be an offer to prepay, in accordance with and subject to this Section 8.38.7, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date The Proposed Prepayment Date shall be not less than 30 20 days and not more than 60 30 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 20th day after the date of such offer).
Appears in 2 contracts
Samples: Private Shelf Agreement (Miller Herman Inc), Note Purchase Agreement (Miller Herman Inc)
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.3 shall be an offer to prepay, in accordance with and subject to this Section 8.3, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date shall be ) that is not less than 30 days and not more than 60 120 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th 45th day after the date of such offer).
Appears in 2 contracts
Samples: Guaranty Agreement (Fuller H B Co), Guaranty Agreement (Fuller H B Co)
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.3 shall be an offer to prepay, in accordance with and subject to this Section 8.3, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a the date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date shall be ) that is not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following the 40th day which is at least 45 days after the date of such offer).
Appears in 2 contracts
Samples: Note Purchase Agreement (Sovran Self Storage Inc), Note Purchase Agreement (Equifax Inc)
Offer to Prepay Notes. The offer to prepay Notes contemplated by clause (i) of this Section 8.3(a2(c) shall be an offer to prepay, in accordance with and subject to this Section 8.32(c), all, but not less than all, the Notes held by each holder (in this case only, “"holder” " in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “"Proposed Prepayment Date”). Such date shall be ") that is not less than 30 15 business days and not more than 60 30 business days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 30th business day after the date of such offer).
Appears in 2 contracts
Samples: Note Purchase Agreement (Horizon Telcom Inc), Note Purchase Agreement (Horizon Telcom Inc)
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.8 shall be an offer to prepay, in accordance with and subject to this Section 8.38.8, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date shall be not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th 45th day after the date of such offer).
Appears in 2 contracts
Samples: Master Note Purchase Agreement (Crescent Capital BDC, Inc.), Master Note Purchase Agreement (Crescent Capital BDC, Inc.)
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.8 shall be an offer to prepay, in accordance with and subject to this Section 8.38.8, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date shall be not less than 30 10 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th 45th day after the date of such offer).
Appears in 2 contracts
Samples: Purchase Agreement (CION Investment Corp), Note Purchase Agreement (CION Investment Corp)
Offer to Prepay Notes. The offer to prepay the Notes contemplated by paragraph (a) of this Section 8.3(a) 8.7 shall be an offer to prepayprepay by the Company, in accordance with and subject to this Section 8.38.7, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date shall not be not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th 45th day after the date of such offer).
Appears in 2 contracts
Samples: Collateral Agency Agreement (Modine Manufacturing Co), Modine Manufacturing Co
Offer to Prepay Notes. The offer to prepay Notes contemplated by Section 8.3(aSections 8.7(a) and (b) shall be an offer to prepay, in accordance with and subject to this Section 8.38.7, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Change in Control Proposed Prepayment Date”). Such If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a), such date shall be a Business Day not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following nearest to the 40th 30th day after the date of such offer).
Appears in 2 contracts
Samples: Note Purchase Agreement (Perkinelmer Inc), Note Purchase Agreement (Perkinelmer Inc)
Offer to Prepay Notes. The offer to prepay Notes contemplated by this Section 8.3(a) shall be an offer to prepay, in accordance with and subject to this Section 8.3, all, but not less than all, each of the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Change of Control Prepayment Date”). Such date Proposed Change of Control Prepayment Date shall be not less than 30 10 days and not more than 60 90 days after the date of such offer (or if the Proposed Change of Control Prepayment Date shall not be specified in such offer, the Proposed Change of Control Prepayment Date shall be the Business Day that falls on or next following the 40th 20th day after the date of such offer).
Appears in 2 contracts
Samples: Note Purchase and Private Shelf Agreement (MGP Ingredients Inc), Note Purchase and Private Shelf Agreement (MGP Ingredients Inc)
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.5 shall be an offer to prepay, in accordance with and subject to this Section 8.38.5, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date shall be ) that is not less than 30 20 days and not more than 60 30 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following the 40th day which is at least 20 days after the date of such offer).
Appears in 2 contracts
Samples: Note Purchase Agreement (Ecolab Inc), Subsidiary Guarantee Agreement (Ecolab Inc)
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (b) of this Section 8.3(a) 8.3 shall be an offer to prepay, in accordance with and subject to this Section 8.3, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which date shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date shall be not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th 45th day after the date of such offer).
Appears in 2 contracts
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.8 shall be an offer to prepay, in accordance with and subject to this Section 8.38.8, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date shall be ) that is not less than 30 days 10 Business Days and not more than 60 30 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 30th day after the date of such offer).
Appears in 2 contracts
Samples: Note Purchase Agreement (Green Brick Partners, Inc.), Note Purchase Agreement (Green Brick Partners, Inc.)
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.7 shall be an offer to prepay, in accordance with and subject to this Section 8.38.7, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a the date (which shall be a Business Day) specified in such offer (the “Section 8.7 Proposed Prepayment Date”). Such date shall be ) that is not less than 30 15 days and not more than 60 40 days after the date of such offer (or if the Section 8.7 Proposed Prepayment Date shall not be specified in such offer, the Section 8.7 Proposed Prepayment Date shall be the first Business Day that falls on or next following the 40th day which is at least 30 days after the date of such offer).
Appears in 2 contracts
Samples: Tortoise Power (Tortoise Power & Energy Infrastructure Fund Inc), Credit Agreement (Tortoise North American Energy Corp)
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.8 shall be an offer to prepay, in accordance with and subject to this Section 8.38.8, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Section 8.8 Proposed Prepayment Date”). Such date shall be not less than 30 days and not more than 60 days after the date of such offer (or if the Section 8.8 Proposed Prepayment Date shall not be specified in such offer, the Section 8.8 Proposed Prepayment Date shall be the first (1st) Business Day that falls on or next following after the 40th 45th day after the date of such offer).
Appears in 2 contracts
Samples: Note Purchase Agreement (Silver Point Specialty Lending Fund), New Mountain Guardian III BDC, L.L.C.
Offer to Prepay Notes. The offer to prepay Notes contemplated by Section 8.3(athe foregoing clause (ii) shall be an offer to prepay, in accordance with and subject to this Section 8.3paragraph 4C, all, but not less than all, the Notes held by each holder (in this case only, “"holder” " in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”"PROPOSED PREPAYMENT DATE"). Such date Proposed Prepayment Date shall be not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 30th day after the date of such offer).
Appears in 2 contracts
Samples: Subordinated Note and Warrant Purchase Agreement (Equity Compression Services Corp), Boots & Coots International Well Control Inc
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 22.8 shall be an offer to prepay, in accordance with and subject to this Section 8.322.8, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Section 22.8 Proposed Prepayment Date”). Such date shall be not less than 30 days and not more than 60 days after the date of such offer (or if the Section 22.8 Proposed Prepayment Date shall not be specified in such offer, the Section 22.8 Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th 45th day after the date of such offer).
Appears in 2 contracts
Samples: Note Purchase Agreement (Hercules Capital, Inc.), Hercules Capital, Inc.
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.8 shall be an offer to prepay, in accordance with and subject to this Section 8.38.8, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such , which date shall be not less than 30 days Business Days and not more than 60 days 120 Business Days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th day 45th Business Day after the date of such offer).
Appears in 2 contracts
Samples: Purchase Agreement (Pengrowth Energy Trust), Subordination Agreement (PENGROWTH ENERGY Corp)
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) shall be an offer to prepay, in accordance with and subject to this Section 8.3Section, all, but not less than all, the Notes held by each holder (in this case only, “"holder” " in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “"Proposed Prepayment Date”"). Such date shall be not less than 30 days and not more than 60 35 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th 30th day after the date of such offer).
Appears in 1 contract
Samples: Note Purchase Agreement (Johns Manville Corp /New/)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Section 8.3(aSections 8.7(a) and (b) shall be an offer to prepay, in accordance with and subject to this Section 8.38.7, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Change of Control Proposed Prepayment Date”). Such If such Change of Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a), such date shall be a Business Day not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following nearest to the 40th 30th day after the date of such offer).
Appears in 1 contract
Samples: Note Purchase Agreement (Essential Utilities, Inc.)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Section 8.3(aSections 8.6(a) and (b) shall be an offer to prepay, in accordance with and subject to this Section 8.38.6, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such If such Proposed Prepayment Date is in connection with an offer contemplated by Section 8.6(a), such date shall be a Business Day not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following nearest to the 40th 30th day after the date of such offer).
Appears in 1 contract
Samples: Intercreditor and Collateral Agency Agreement (Macquarie Infrastructure CO LLC)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Section 8.3(a8.6(a) shall be an offer to prepay, in accordance with and subject to this Section 8.38.6, all, but not less than all, of the Notes held by each holder (in this case case, and in Section 8.8(c), only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such ) which date shall be not less than 30 twenty (20) days and not more than 60 sixty (60) days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th thirtieth (30th) day after the date of such offer).
Appears in 1 contract
Samples: Note Purchase and Participation Agreement (Landmark Infrastructure Partners LP)
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.8 shall be an offer to prepay, in accordance with and subject to this Section 8.38.8, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date , which shall be not less than 30 20 days and not more than 60 30 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 20th day after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.8 shall be an offer to prepay, in accordance with and subject to this Section 8.38.8, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Section 8.8 Proposed Prepayment Date”). Such date shall be not less than 30 days 20 Business Days and not more than 60 days after the date of such offer (or if the Section 8.8 Proposed Prepayment Date shall not be specified in such offer, the Section 8.8 Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th 45th day after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.7 shall be an offer to prepay, in accordance with and subject to this Section 8.38.7, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a the date (which shall be a Business Day) specified in such offer (the “Section 8.7 Proposed Prepayment Date”). Such date shall be ) that is not less than 30 15 days and not more than 60 40 days after the date of such offer (or if the Section 8.7 Proposed Prepayment Date shall not be specified in such offer, the Section 8.7 Proposed Prepayment Date shall be the first Business Day that falls on or next following the 40th day which is at least 30 days after the date of such offer).”
Appears in 1 contract
Samples: First Amendment Agreement (Tortoise Energy Capital Corp)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Section 8.3(a) and Section 8.3(b) shall be an offer to prepay, in accordance with and subject to this Section 8.3, all, but not less than all, the Notes held by each holder (in this case only, “"holder” " in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “"Proposed Prepayment Date”"), without distinction between series. Such If such Proposed Prepayment Date is in connection with an offer contemplated by Section 8.3(a), such date shall be not less than 30 days 15 Business Days and not more than 60 days 20 Business Days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the 20th Business Day that falls on or next following the 40th day after the date of such offer).
Appears in 1 contract
Samples: Shaw Group Inc
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.8 shall be an offer to prepay, in accordance with and subject to this Section 8.38.8, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date shall be ) that is not less than 30 20 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th 45th day after the date of such offer).. Xxxxx Industries, Inc. Note Purchase Agreement
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by Section 8.3(athe foregoing clause (i) shall be an offer to prepay, in accordance with and subject to this Section 8.3paragraph 4D, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date Proposed Prepayment Date shall be not less than 30 10 days and not more than 60 30 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 20th day after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by Section 8.3(aSections 8.7(a) and (b) shall be an offer to prepay, in accordance with and subject to this Section 8.38.7, all, but not less than all, the Notes held by each holder (in this case only, “"holder” " in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “"Change in Control Proposed Prepayment Date”"). Such If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7, such date shall be a Business Day not less than 30 days and not more than 60 days after the date of such offer (or if the Change in Control Proposed Prepayment Date shall not be specified in such offer, the Change in Control Proposed Prepayment Date shall be the Business Day that falls on or next following nearest to the 40th 30th day after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.3 shall be an offer to prepay, in accordance with and subject to this Section 8.3, all, but not less than all, the Notes held by each holder (in this case only, “"holder” " in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a the date (which shall be a Business Day) specified in such offer (the “"Proposed Prepayment Date”). Such date shall be ") that is not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following the 40th day which is at least 45 days after the date of such offer).. (c)
Appears in 1 contract
Samples: Astec Industries Inc
Offer to Prepay Notes. The offer to prepay Notes contemplated by Section 8.3(asubparagraph (a) of this SECTION 8.3 shall be an offer to prepay, in accordance with and subject to this Section SECTION 8.3, all, but not less than all, the Notes held by each holder (in this case only, “"holder” " in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “"Proposed Prepayment Date”"). Such date shall be not less than 30 days and not more than 60 120 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th 45th day after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.7 shall be an offer to prepay, in accordance with and subject to this Section 8.38.7, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such , which date shall be not less than 30 20 days and not more than 60 30 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 20th day after the date of such offer).
Appears in 1 contract
Samples: Note Purchase Agreement (International Speedway Corp)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Section 8.3(athe foregoing clause (b) shall be an offer to prepay, in accordance with and subject to this Section 8.38.5, all, but not less than all, the Notes held by each holder Holder (in this case only, “holder” "Holder" in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “"Proposed Prepayment Date”"). Such date Proposed Prepayment Date shall be not less than 30 days and not more than 60 90 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 60th day after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by Section 8.3(a8.8(a) shall be an offer to prepay, in accordance with and subject to this Section 8.38.8, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such , which date shall be not less than 30 days Business Days and not more than 60 days 120 Business Days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th day 45th Business Day after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.8 shall be an offer to prepay, in accordance with and subject to this Section 8.38.8, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Section 8.8 Proposed Prepayment Date”). Such date shall be not less than 30 20 days and not more than 60 days after the date of such offer (or if the Section 8.8 Proposed Prepayment Date shall not be specified in such offer, the Section 8.8 Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th 45th day after the date of such offer).
Appears in 1 contract
Samples: Northwest Natural Gas Co
Offer to Prepay Notes. The offer to prepay Notes contemplated by Section 8.3(athe foregoing clause (i) shall be an offer to prepay, in accordance with and subject to this Section 8.3, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date Proposed Prepayment Date shall be not less than 30 10 days and not more than 60 30 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 20th day after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by Section 8.3(athe foregoing clause (i) shall be an offer to prepay, in accordance with and subject to this Section 8.3paragraph 4F, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date shall be , that is not less than 30 45 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 45th day after the date of such offer).
Appears in 1 contract
Samples: Hilb Rogal & Hobbs Co
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.7 shall be an offer to prepay, in accordance with and subject to this Section 8.38.7, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such ) which date shall be not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 30th day after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.8 shall be an offer to prepay, in accordance with and subject to this Section 8.38.8, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Section 8.8 Proposed Prepayment Date”). Such date shall be not less than 30 days and not more than 60 days after the date of such offer (or if the Section 8.8 Proposed Prepayment Date shall not be specified in such offer, the Section 8.8 Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th 45th day after the date of such offer).. AG Twin Brook Capital Income Fund Master Note Purchase Agreement
Appears in 1 contract
Samples: AG Twin Brook Capital Income Fund
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.4 shall be an offer to prepay, in accordance with and subject to this Section 8.38.4, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a the date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date shall be ") that is not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following the 40th day which is at least 45 days after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 23 shall be an offer to prepay, in accordance with and subject to this Section 8.323, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date shall be not less than 30 days and not more than 60 120 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th 45th day after the date of such offer).
Appears in 1 contract
Samples: Note Purchase Agreement (Alliance Resource Partners Lp)
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.3 shall be an offer to prepay, in accordance with and subject to this Section 8.3, all, but not less than all, of the Notes held by each holder (in this case only, “"holder” " in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “"Proposed Prepayment Date”). Such date shall be ") that is not less than 30 45 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 45th day after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.7 shall be an offer to prepay, in accordance with and subject to this Section 8.38.7, all, but not less than all, the Notes held by each holder (in this case only, “"holder” " in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “"Proposed Prepayment Date”). Such date shall be ") that is not less than 30 20 days and not more than 60 30 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th thirtieth day after the date of such offer).
Appears in 1 contract
Samples: Subsidiary Guaranty Agreement (Cornell Corrections Inc)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Section 8.3(a8.5(a) shall be an offer to prepay, in accordance with and subject to this Section 8.38.5, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such ) which date shall be not less than 30 thirty (30) days and not more than 60 one hundred twenty (120) days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th thirtieth (30th) day after the date of such offer).
Appears in 1 contract
Samples: Atlantica Yield PLC
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.7 shall be an offer to prepay, in accordance with and subject to this Section 8.38.7, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date Proposed Prepayment Date (which shall be a Business Day) shall be not less than 30 20 days and not more than 60 30 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 20th day after the date of such offer).
Appears in 1 contract
Samples: Subsidiary Guaranty Agreement (Eagle Materials Inc)
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.8 shall be an offer to prepay, in accordance with and subject to this Section 8.38.8, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date shall be ) that is not less than 30 20 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th 45th day after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by Section 8.3(athe foregoing paragraph 4F(2) shall be an offer to prepay, in accordance with and subject to this Section 8.3paragraph 4F, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date Proposed Prepayment Date shall be not less than 30 days and not more than 60 90 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 60th day after the date of such offer).
Appears in 1 contract
Samples: Private Shelf Agreement (Watsco Inc)
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.5 shall be an offer to prepay, in accordance with and subject to this Section 8.38.5, all, but not less than all, the Notes held by each holder (in this case only, “"holder” " in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “"Proposed Prepayment Date”). Such date shall be ") that is not less than 30 20 days and not more than 60 90 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 30th day after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by Section 8.3(athe foregoing clause (ii) shall be an offer to prepay, in accordance with and subject to this Section 8.3paragraph 8.6, all, but not less than all, the Notes held by each holder (in this case only, “"holder” " in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”"PROPOSED PREPAYMENT DATE"). Such date Proposed Prepayment Date shall be not less than 30 days and not more than 60 90 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 60th day after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.3 shall be an offer to prepay, in accordance with and subject to this Section 8.3, all, but not less than all, the Notes held by each holder (in this case only, “"holder” " in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “"Proposed Prepayment Date”"). Such date shall be not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 30th day after the date of such offer).. (c)
Appears in 1 contract
Samples: Pg Energy Inc
Offer to Prepay Notes. The offer to prepay Notes contemplated by Section 8.3(athe foregoing clause (ii) shall be an offer to prepay, in accordance with and subject to this Section 8.3paragraph 8.7, all, but not less than all, the Notes held by each holder (in this case only, “"holder” " in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”"PROPOSED PREPAYMENT DATE"). Such date Proposed Prepayment Date shall be not less than 30 days and not more than 60 90 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 60th day after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by the foregoing Section 8.3(a7.3(b) shall be an offer to prepay, in accordance with and subject to this Section 8.37.3, all, but not less than all, the Notes held by each holder (in this case only, “"holder” " in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”"PROPOSED PREPAYMENT DATE"). Such date Proposed Prepayment Date shall be not less than 30 days and not more than 60 90 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 60th day after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The An offer to prepay the Notes contemplated by Section 8.3(a8.8(a) shall be an offer to prepay, in accordance with and subject to this Section 8.3, all, but not less than all8.8, the Notes and any Notes held by each holder (as defined in this case onlySection 8.6(b)), “holder” in respect of any Note registered on a pro rata basis in the name of a nominee amount equal to the applicable Excess Cash Flow Prepayment Amount for a disclosed beneficial owner shall mean such beneficial owner) Calculation Date, on a date (which shall be a Business Day) specified the Proposed Prepayment Date set forth in such offer (the “Proposed Prepayment Date”). Such offer, which date shall be not less than 30 twenty (20) days and not more than 60 sixty (60) days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th thirtieth (30th) day after the date of such offer).
Appears in 1 contract
Samples: Note Purchase and Participation Agreement (Landmark Infrastructure Partners LP)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Section 8.3(athe foregoing paragraph 4F(2) shall be an offer to prepay, in accordance with and subject to this Section 8.3paragraph 4F, all, but not less than all, the Notes held by each holder (in this case only, “"holder” " in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “"Proposed Prepayment Date”"). Such date Proposed Prepayment Date shall be not less than 30 days and not more than 60 90 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 60th day after the date of such offer).
Appears in 1 contract
Samples: Watsco Inc
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraphs (a) and (b) of this Section 8.3(a) 8.3 shall be an offer to prepay, in accordance with and subject to this Section 8.3, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date shall be not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th 45th day after the date of such offer).
Appears in 1 contract
Samples: Note Purchase Agreement (Artisan Partners Asset Management Inc.)
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraphs (a) and (b) of this Section 8.3(a) 8.5 shall be an offer to prepay, in accordance with and subject to this Section 8.38.5, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”). Such date shall be ) that is not less than 30 20 days and not more than 60 90 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 30th day after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.4 shall be an offer to prepay, in accordance with and subject to this Section 8.38.4, all, but not less than all, the Notes held by each holder (in this case only, “"holder” " in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a the date (which shall be a Business Day) specified in such offer (the “"Proposed Prepayment Date”). Such date shall be ") that is not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following the 40th day which is at least 45 days after the date of such offer).
Appears in 1 contract
Samples: Agreement (UTi WORLDWIDE INC)
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraph (a) of this Section 8.3(a) 8.7 shall be an offer to prepay, in accordance with and subject to this Section 8.38.7, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Proposed Prepayment Date”"). Such , which date shall be not less than 30 20 days and not more than 60 30 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day that falls on or next following the 40th 20th day after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by subparagraphs (a) and (b) of this Section 8.3(a) 8.3 shall be an offer to prepay, in accordance with and subject to this Section 8.3, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “"Proposed Prepayment Date”"). Such If such Proposed Prepayment Date is in connection with an offer contemplated by subparagraph (a) of this Section 8.3, such date shall be not less than 30 days and not more than 60 90 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day that falls on or next following after the 40th 45th day after the date of such offer).
Appears in 1 contract
