Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 49 contracts

Samples: Indenture (L-3 Communications Cincinnati Electronics CORP), L 3 Communications Holdings Inc, Indenture (Dominos Pizza Government Services Division Inc)

Offer to Purchase by Application of Excess Proceeds. In the event ~~that, pursuant to Section 4.10 hereof,~~ that the ~~Company~~ Issuers shall be required to commence an offer to all Holders to purchase Notes pursuant to Section 4.11 (an "“Asset Sale Offer"”), it they shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the ~~Company~~ Issuers shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10 hereof~~ 4.11 (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. Unless the Issuers default in making such payment, any Note accepted for payment pursuant to the Asset Sale Offer shall cease to accrue interest after the Purchase Date. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no ~~additional interest~~ Special Interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale ~~Offer,~~ Offer the ~~Company~~ Issuers shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 27 contracts

Samples: Indenture (Charter Communications, Inc. /Mo/), Indenture (Cco Holdings LLC), Satisfaction and Discharge (Charter Communications, Inc. /Mo/)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by ~~applicable law~~ Applicable Law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the ~~"Purchase~~ “Settlement Date"”), the Company shall purchase and pay for the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been ~~tendered~~validly tendered (and not validly withdrawn), all Notes validly tendered (and not validly withdrawn) in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the ~~same~~ manner ~~as interest payments are made. If~~ prescribed in the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale OfferNotes. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 22 contracts

Samples: Supplemental Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Crosstex Energy Lp), Supplemental Indenture (Exterran Holdings Inc.)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by ~~applicable law~~ Applicable Law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the ~~"Purchase~~ “Settlement Date"”), the Company shall purchase and pay for the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes validly tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the ~~same~~ manner ~~as interest payments are made. If~~ prescribed in the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale OfferNotes. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 20 contracts

Samples: Indenture (Linn Energy, LLC), Indenture (Inergy L P), First Supplemental Indenture (Whiting Petroleum Corp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 11 contracts

Samples: Indenture (Charles River Laboratories Inc), Indenture (Charles River Laboratories Holdings Inc), Global Crossing LTD

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "~~Asset Sale Offer~~ASSET SALE OFFER"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "~~Offer Period~~OFFER PERIOD"). No later than five Business Days after the termination of the Offer Period (the "~~Purchase Date~~PURCHASE DATE"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "~~Offer Amount~~OFFER AMOUNT") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 9 contracts

Samples: Execution Copy (Mark I Molded Plastics of Tennessee Inc), Indenture (Key Energy Services Inc), Indenture (Axiohm Transaction Solutions Inc)

Offer to Purchase by Application of Excess Proceeds. In the event ~~that, pursuant to Section 4.10 hereof,~~ that the ~~Company~~ Issuers shall be required to commence an offer to all Holders to purchase Notes pursuant to Section 4.11 (an "Asset Sale Offer"), it they shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Issuers shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10 hereof~~ 4.11 (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. Unless the Issuers default in making such payment, any Note accepted for payment pursuant to the Asset Sale Offer shall cease to accrue interest after the Purchase Date. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no ~~additional interest~~ Special Interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale ~~Offer,~~ Offer the ~~Company~~ Issuers shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 7 contracts

Samples: Indenture (Charter Communications Holdings Capital Corp), Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 7 contracts

Samples: Indenture (SFC New Holdings Inc), Amcraft Building Products Co Inc, Amcraft Building Products Co Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 6 contracts

Samples: Indenture (SFX Broadcasting Inc), Indenture (SFX Entertainment Inc), SFX Entertainment Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by ~~applicable law~~ Applicable Law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the ~~"Purchase~~ “Settlement Date"”), the Company shall purchase and pay for the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been ~~tendered~~validly tendered (and not validly withdrawn), all Notes validly tendered (and not validly withdrawn) in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the ~~same~~ manner ~~as interest payments are made. If~~ prescribed in the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale OfferNotes. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class ~~mail~~mail (or otherwise send pursuant to the applicable procedures of the Depositary), a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 5 contracts

Samples: Indenture (American Midstream Partners, LP), Indenture (Martin Midstream Partners L.P.), Indenture (Martin Midstream Partners L.P.)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an ~~offer~~ Asset Sale Offer to all Holders to purchase ~~Notes (an "Asset Sale Offer")~~Notes, it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 4 contracts

Samples: Indenture (Ames Department Stores Inc), Indenture (Ames Department Stores Inc), Planet Hollywood International Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by ~~applicable law~~ Applicable Law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the ~~"Purchase~~ “Settlement Date"”), the Company shall purchase and pay for the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been ~~tendered~~validly tendered (and not validly withdrawn), all Notes validly tendered (and not validly withdrawn) in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the ~~same~~ manner ~~as interest payments are made. If~~ prescribed in the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale OfferNotes. Upon the commencement of an Asset Sale Offer, the Company shall ~~send, by first class mail,~~ send a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 4 contracts

Samples: Indenture (Global Partners Lp), Supplemental Indenture (Global Partners Lp), Indenture (Global Partners Lp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders of Notes and, to the extent required by the terms thereof, to all holders or lenders of other Pari Passu Indebtedness, to purchase Notes and any such Pari Passu Indebtedness (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 ~~hereof~~ hereof, giving effect to any related offer for Pari Passu Indebtedness pursuant to Section 4.10, (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 3 contracts

Samples: Indenture (Cumulus Media Inc), Indenture (Lomak Petroleum Inc), Canton Oil & Gas Co

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 3 contracts

Samples: Indenture (Aki Holding Corp), G & G Retail Inc, Onepoint Communications Corp /De

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes validly tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest and Liquidated Damages, if any, shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest or Liquidated Damages shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 3 contracts

Samples: Indenture (Tesoro Alaska Co), Indenture (Tesoro Alaska Co), Victory Finance Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company ~~shall be~~ is required to commence an ~~offer~~ Asset Sale Offer to all Holders to purchase Notes ~~(an "Asset Sale Offer")~~and, to the extent required by the terms of the Pari Passu Notes, to all holders of Pari Passu Notes, it ~~shall~~ will follow the procedures specified below. The Asset Sale Offer ~~shall~~ will remain open for a period of at least 20 Business Days following its commencement and ~~no longer~~not more than 30 Business Days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company ~~shall~~ will apply all Excess Proceeds (the “Offer Amount”) to the purchase ~~the principal amount~~ of Notes ~~required to be purchased pursuant to~~ and Pari Passu Notes as specified in Section ~~4.10 hereof (the "Offer Amount"~~4.10(d) or, if less than the Offer Amount has been tendered, all Notes and Pari Passu Notes validly tendered and not withdrawn in response to the Asset Sale Offer. Payment for any Notes so purchased ~~shall~~ will be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company ~~shall~~ will send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice ~~shall~~ will contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which ~~shall~~ will govern the terms of the Asset Sale Offer, ~~shall~~ will state:

Appears in 3 contracts

Samples: Indenture (Era Group Inc.), Indenture (Seacor Holdings Inc /New/), Indenture (Era Group Inc.)

Offer to Purchase by Application of Excess Proceeds. In the event ~~that, pursuant to Section 4.10 hereof,~~ that the ~~Company~~ Issuers shall be required to commence an offer to all Holders to purchase Notes pursuant to Section 4.11 (an "Asset Sale Offer"), it they shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Issuers shall purchase the principal amount at maturity of Notes required to be purchased pursuant to Section ~~4.10 hereof~~ 4.11 (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. Unless the Issuers default in making such payment, any Note accepted for payment pursuant to the Asset Sale Offer shall cease to accrue interest after the Purchase Date. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no ~~additional interest~~ Special Interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale ~~Offer,~~ Offer the ~~Company~~ Issuers shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 3 contracts

Samples: Indenture (Charter Communications Holdings Capital Corp), Indenture (Charter Communications Inc /Mo/), Charter Communications Inc /Mo/

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by ~~applicable law~~ Applicable Law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the ~~"Purchase~~ “Settlement Date"”), the Company shall purchase and pay for the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been ~~tendered~~validly tendered (and not validly withdrawn), all Notes validly tendered (and not validly withdrawn) in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the ~~same~~ manner ~~as interest payments are made. If~~ prescribed in the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale OfferNotes. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class ~~mail~~mail (or otherwise deliver in accordance with the procedures of DTC), a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 3 contracts

Samples: Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Senior Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Senior Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Senior Notes tendered in response to the Asset Sale Offer. Payment for any Senior Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Senior Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Senior Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Senior Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 3 contracts

Samples: Indenture (Varsity Spirit Corporation), Indenture (Riddell Sports Inc), Indenture (Riddell Sports Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company ~~shall be~~ is required to commence ~~an offer to all Holders to purchase Notes (an "Asset Sale~~ a Net Proceeds Offer"), it ~~shall~~ will follow the procedures specified below. The ~~Asset Sale~~ Net Proceeds Offer ~~shall~~ will remain open for a period of at least 20 Business Days following its commencement and ~~no longer~~not more than 30 Business Days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No The Net Proceeds Offer Payment Date shall be no later than five Business Days after the termination of the Offer ~~Period (~~Period. On the ~~"Purchase~~ Net Proceeds Offer Payment Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 ~~hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer~~hereof. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the ~~Purchase~~ Net Proceeds Offer Payment Date is on or after an interest record date and on or before the related ~~interest payment date~~Interest Payment Date, any accrued and unpaid ~~interest~~ interest, if any, shall be paid to the Person in whose name a Note is registered at the close of business on such record date~~, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer~~. Upon the commencement of ~~an Asset Sale~~ a Net Proceeds Offer, the Company ~~shall~~ will send, by first class ~~mail~~mail (or in the case of Notes held in book entry form, by electronic transmission), a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice ~~shall~~ will contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the ~~Asset Sale~~ Net Proceeds Offer~~. The Asset Sale Offer shall be made to all Holders~~. The notice, which ~~shall~~ will govern the terms of the ~~Asset Sale~~ Net Proceeds Offer, ~~shall~~ will state:

Appears in 3 contracts

Samples: Supplemental Indenture (Red Rock Resorts, Inc.), Supplemental Indenture (Red Rock Resorts, Inc.), Supplemental Indenture (Red Rock Resorts, Inc.)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by ~~applicable law~~ Applicable Law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the ~~"Purchase~~ “Settlement Date"”), the Company shall purchase and pay for the ~~principal amount~~ Reduced Principal Amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes validly tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the ~~same~~ manner ~~as interest payments are made. If~~ prescribed in the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale OfferNotes. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 3 contracts

Samples: Fourth Supplemental Indenture (Whiting Petroleum Corp), Second Supplemental Indenture (Whiting Petroleum Corp), Fifth Supplemental Indenture (Whiting Petroleum Corp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuers shall be required to commence ~~an offer~~ a pro rata Asset Sale Offer (as defined in Section 4.10) to all Holders of the Notes and all holders of other Priority Lien Debt containing provisions similar to those set forth in this Section 3.09 and Section 4.10 hereof with respect to offers to purchase or redeem with the Net Cash Proceeds of sales of assets to purchase such Notes ~~(an "Asset Sale Offer")~~and such other Priority Lien Debt, it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of ~~20 Business Days~~ at least 30 days following its commencement ~~and~~ but no ~~longer~~longer than 60 days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). ~~No later than five Business Days~~ Promptly after the termination of the Offer Period (the "“Purchase Date"”), the ~~Company~~ Issuers shall purchase the principal amount of Notes and such other Priority Lien Debt required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes and other Priority Lien Debt tendered and not withdrawn in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuers shall send, by first class ~~mail~~mail (or in the case of Global Notes, in accordance with the Applicable Procedures), a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 3 contracts

Samples: Transaction Support Agreement (Peabody Energy Corp), Indenture (Peabody Energy Corp), Indenture (Peabody Energy Corp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes validly tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest and Liquidated Damages, if any, shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest or Liquidated Damages, if any, shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 3 contracts

Samples: Supplemental Indenture (Trico Marine Services Inc), Pumpkin Air Inc, Frontier Oil Corp /New/

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence ~~an offer~~ a pro rata Asset Sale Offer (as defined in Section 4.10) to all Holders of the Notes and all holders of other Priority Lien Debt containing provisions similar to those set forth in this Section 3.09 and Section 4.10 hereof with respect to offers to purchase or redeem with the Net Cash Proceeds of sales of assets to purchase such Notes ~~(an "Asset Sale Offer")~~and such other Priority Lien Debt, it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of ~~20 Business Days~~ at least 30 days following its commencement ~~and~~ but no ~~longer~~longer than 60 days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). ~~No later than five Business Days~~ Promptly after the termination of the Offer Period (the "“Purchase Date"”), the Company shall purchase the principal amount of Notes and such other Priority Lien Debt required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes and other Priority Lien Debt tendered and not withdrawn in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class ~~mail~~mail (or in the case of Global Notes, in accordance with the Applicable Procedures), a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (Peabody Energy Corp), Transaction Support Agreement (Peabody Energy Corp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company ~~shall be~~ is required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it ~~shall~~ will follow the procedures specified below. The Asset Sale Offer shall be made to all Holders and will remain open for a period of at least 20 Business Days following its commencement and ~~no longer~~not more than 30 Business Days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than ~~five~~ three Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company ~~shall~~ will apply all Excess Proceeds (the “Offer Amount”) to the purchase ~~the principal amount~~ of Notes ~~required to be purchased pursuant to Section 4.10 hereof~~ (~~the "Offer Amount"~~on a pro rata basis, if applicable) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased ~~shall~~ will be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest ~~shall~~ and Additional Interest, if any, will be paid to the Person in whose name a Note is registered at the close of business on such record date, and no ~~additional interest shall~~ Additional Interest will be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company ~~shall~~ will send, by first class mail, a notice to the ~~Trustee~~ Trustee, the Depositary and each of the Holders~~, with a copy to the Trustee~~. The notice ~~shall~~ will contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The ~~Asset Sale Offer shall be made to all Holders. The~~ notice, which ~~shall~~ will govern the terms of the Asset Sale Offer, ~~shall~~ will state:

Appears in 2 contracts

Samples: Indenture (Residential Capital, LLC), Residential Capital, LLC

Offer to Purchase by Application of Excess Proceeds. In the event ~~that, pursuant to Section 4.10 hereof,~~ that the ~~Company~~ Issuer shall be required to commence an offer to all Holders to purchase Notes pursuant to Section 4.11 (an "“Asset Sale Offer"”), it they shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the ~~Company~~ Issuer shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10 hereof~~ 4.11 (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. Unless the Issuer defaults in making such payment, any Note accepted for payment pursuant to the Asset Sale Offer shall cease to accrue interest after the Purchase Date. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no ~~additional interest~~ Special Interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale ~~Offer,~~ Offer the ~~Company~~ Issuer shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Supplemental Indenture (Charter Communications, Inc. /Mo/), Supplemental Indenture (Charter Communications, Inc. /Mo/)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuers shall be required to commence an offer to all Holders to purchase Notes (an "~~Asset Sale Offer~~ASSET SALE OFFER"), it they shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "~~Offer Period~~OFFER PERIOD"). No later than five Business Days after the termination of the Offer Period (the "~~Purchase Date~~PURCHASE DATE"), the ~~Company~~ Issuers shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "~~Offer Amount~~OFFER AMOUNT") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuers shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (Restaurant Co), Indenture (Perkins Finance Corp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the ~~principal amount~~ Accreted Value of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Xm Satellite Radio Holdings Inc, Xm Satellite Radio Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders ~~to purchase Notes~~ (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and to each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all ~~Holders~~Holders of Notes. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (Printpack Inc), Indenture (Printpack Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuer shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Issuer shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuer shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (Anchor Holdings Inc), Insight Communications Co Inc

Appears in 2 contracts

Samples: Dominos Pizza Government Services Division Inc, Dominos Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10 hereof~~4.10, the Company shall be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by ~~applicable law~~ Applicable Law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the ~~"Purchase~~ “Settlement Date"”), the Company shall purchase and pay for the principal amount of Notes required to be purchased pursuant to Section 4.10 ~~hereof~~ (the "“Offer Amount"”) or, if less than the Offer Amount has been ~~tendered~~validly tendered (and not validly withdrawn), all Notes validly tendered (and not validly withdrawn) in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the ~~same~~ manner ~~as interest payments are made. If~~ prescribed in the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale OfferNotes. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Exchange Agreement (Global Partners Lp), Exchange Agreement (Global Partners Lp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 3.6 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "~~Offer Period~~ASSET SALE OFFER PERIOD"). No later than five Business Days after the termination of the Asset Sale Offer Period (the "~~Purchase Date~~ASSET SALE OFFER PURCHASE DATE"), the Company shall purchase the principal amount of ~~Notes~~ Securities required to be purchased pursuant to Section ~~4.10~~ 3.6 hereof (the "~~Offer Amount~~ASSET SALE OFFER AMOUNT") or, if less than the Asset Sale Offer Amount has been tendered, all ~~Notes~~ Securities tendered in response to the Asset Sale Offer. Payment for any ~~Notes~~ Securities so purchased shall be made in the same manner as interest payments are made. If the Asset Sale Offer Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a ~~Note~~ Security is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender ~~Notes~~ Securities pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender ~~Notes~~ Securities pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Ne Restaurant Co Inc, Bertuccis of White Marsh Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 5.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by ~~applicable law~~ Applicable Law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the ~~"Purchase~~ “Settlement Date"”), the Company shall purchase and pay for the principal amount of Notes required to be purchased pursuant to Section ~~4.10~~ 5.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been ~~tendered~~validly tendered (and not validly withdrawn), all Notes validly tendered (and not validly withdrawn) in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the ~~same~~ manner ~~as interest payments are made. If~~ prescribed in the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale OfferNotes. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Supplemental Indenture (Summit Midstream Partners, LP), Indenture (Summit Midstream Partners, LP)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuers shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it they shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Issuers shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuers shall send, by first class mail, a written notice to the Trustee and to each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Alliance Laundry Holdings LLC, Alliance Laundry Holdings LLC

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuers shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Issuers shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuers shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Insight Communications Co Inc, Insight Communications Co Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10 hereof~~5.10, the Company ~~shall~~ will be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified ~~below~~in this Section 3.09. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company ~~shall~~ will purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10 hereof~~ 5.10 (the "“Offer Amount~~") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer~~”). Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company ~~shall~~ will send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The ~~Asset Sale Offer shall be made to all Holders. The~~ notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (CURO Group Holdings Corp.), Indenture (CURO Group Holdings Corp.)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall commence no earlier than 30 days and no later than 60 days after an Asset Sale Offer shall be required to be made pursuant to Section 4.10 and remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest and Liquidated Damages, if any, shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest or Liquidated Damages, if any, shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall describe in a summary fashion the transaction or transactions that constitute the Asset Sale Offer, and shall state:

Appears in 2 contracts

Samples: Supplemental Indenture (MST Enterprises Inc), National Equipment Services Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 ~~hereof,~~ hereof the ~~Company shall be~~ Issuers are required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), ~~it shall~~ they will follow the procedures specified below. The Asset Sale Offer shall be made to all Holders. The Asset Sale Offer will remain open for a period of at least 20 Business Days following its commencement and ~~no longer~~not more than 30 Business Days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than ~~five~~ three Business Days after the termination of the Offer Period (the "“Purchase Date"”), the ~~Company shall~~ Issuers will apply all Excess Proceeds (the “Offer Amount”) to the purchase ~~the principal amount~~ of Notes ~~required to be purchased pursuant to Section 4.10 hereof~~ and, if applicable, such Other Pari Passu Obligations (~~the "Offer Amount"~~on a pro rata basis, if applicable) or, if less than the Offer Amount has been tendered, all Notes and other Indebtedness tendered in response to the Asset Sale Offer~~. Payment for any Notes so purchased shall be made in the same manner as interest payments are made~~. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid ~~interest shall~~ interest, if any, will be paid to the Person in whose name a Note is registered at the close of business on such record date, and no ~~additional~~ further interest ~~shall~~ will be payable on such interest payment date to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company shall~~ Issuers will send, by ~~first~~ first-class mail, postage prepaid (or transmitted otherwise in accordance with the applicable procedures of DTC), a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice ~~shall~~ will contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The ~~Asset Sale Offer shall be made to all Holders. The~~ notice, which ~~shall~~ will govern the terms of the Asset Sale Offer, ~~shall~~ will state:

Appears in 2 contracts

Samples: Interface Security Systems, L.L.C., Interface Security Systems Holdings Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase ~~Notes~~ Debentures (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of ~~Notes~~ Debentures required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all ~~Notes~~ Debentures tendered in response to the Asset Sale Offer. Payment for any ~~Notes~~ Debentures so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a ~~Note~~ Debenture is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender ~~Notes~~ Debentures pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender ~~Notes~~ Debentures pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (Finlay Enterprises Inc /De), Security and Pledge Agreement (Finlay Enterprises Inc /De)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the Accreted Value or principal ~~amount~~ amount, as the case may be, of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Crown Castle International Corp, Crown Castle International Corp

Offer to Purchase by Application of Excess Proceeds. In the event ~~that,~~ that pursuant to Section ~~4.10~~ 4.08 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its ~~commencement and no longer~~commencement, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10~~ 4.08 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. ~~Payment for any Notes so purchased shall be made in the same manner as interest payments are made.~~ If the Purchase Date is on or after an ~~interest record date~~ Regular Record Date and on or before the related ~~interest payment date~~Interest Payment Date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon ~~the~~ commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (Lifepoint Hospitals, Inc.), Indenture (Lifepoint Hospitals, Inc.)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 4.06 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10~~ 4.06 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Entercom Radio LLC, Entercom Communications Corp

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10 hereof~~5.10, the Company ~~shall~~ will be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified ~~below~~in this Section 3.09. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company ~~shall~~ will purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10 hereof~~ 5.10 (the "“Offer Amount~~") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer~~”). Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company ~~shall~~ will send, by first class ~~mail~~mail or other electronic means reasonably satisfactory to the Trustee, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The ~~Asset Sale Offer shall be made to all Holders. The~~ notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (CURO Group Holdings Corp.), Supplemental Indenture (CURO Group Holdings Corp.)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by ~~applicable law~~ Applicable Law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the ~~"Purchase~~ “Settlement Date"”), the Company shall purchase and pay for the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes validly tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the ~~same~~ manner ~~as interest payments are made. If~~ prescribed in the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale OfferNotes. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, (or otherwise deliver in accordance with the applicable procedures of the Depositary) a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Third Supplemental Indenture (Whiting Petroleum Corp), Fourth Supplemental Indenture (Whiting Petroleum Corp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 twenty (20) Business Days following its commencement and no longer, except to the extent that a longer period is required by ~~applicable law~~ Applicable Law (the "“Offer Period"”). No later than five (5) Business Days after the termination of the Offer Period (the ~~"Purchase~~ “Settlement Date"”), the Company shall purchase and pay for the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been ~~tendered~~validly tendered (and not validly withdrawn), all Notes validly tendered (and not validly withdrawn) in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the ~~same~~ manner ~~as interest payments are made. If~~ prescribed in the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale OfferNotes. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class ~~mail~~mail (or otherwise deliver in accordance with the procedures of DTC), a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (Calumet Specialty Products Partners, L.P.), Calumet Specialty Products Partners, L.P.

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 ~~hereof,~~ hereof the ~~Company shall be~~ Issuer is required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it ~~shall~~ will follow the procedures specified below. The Asset Sale Offer shall be made to all Holders. The Asset Sale Offer will remain open for a period of at least 20 Business Days following its commencement and ~~no longer~~not more than 30 Business Days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than ~~five~~ three Business Days after the termination of the Offer Period (the "“Purchase Date"”), the ~~Company shall~~ Issuer will apply all Excess Proceeds (the “Offer Amount”) to the purchase ~~the principal amount~~ of Notes ~~required to be purchased pursuant to Section 4.10 hereof~~ and, if applicable, such Other Pari Passu Obligations (~~the "Offer Amount"~~on a pro rata basis, if applicable) or, if less than the Offer Amount has been tendered, all Notes and other Indebtedness tendered in response to the Asset Sale Offer~~. Payment for any Notes so purchased shall be made in the same manner as interest payments are made~~. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid ~~interest shall~~ interest, if any, will be paid to the Person in whose name a Note is registered at the close of business on such record date, and no ~~additional~~ further interest ~~shall~~ will be payable on such interest payment date to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company shall~~ Issuer will send, by ~~first~~ first-class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice ~~shall~~ will contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The ~~Asset Sale Offer shall be made to all Holders. The~~ notice, which ~~shall~~ will govern the terms of the Asset Sale Offer, ~~shall~~ will state:

Appears in 2 contracts

Samples: Intercreditor Agreement (Saratoga Resources Inc /Tx), Saratoga Resources Inc /Tx

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 4.10(d) hereof, the Company ~~shall be~~ is required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it ~~shall~~ will follow the procedures specified in Section 4.10(d) and (e) and the additional procedures specified below. The Asset Sale Offer ~~shall~~ will remain open for a period of at least 20 Business Days following its commencement and ~~no longer~~not more than 30 Business Days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than ~~five~~ three Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company ~~shall purchase~~ will apply all Excess Proceeds (the ~~principal amount of Notes required to be purchased~~ “Offer Amount”) pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made4.10(d). If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest ~~shall~~ will be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest ~~shall~~ will be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company ~~shall~~ will send, by first class ~~mail~~mail (or otherwise cause to be transmitted in accordance with the Applicable Procedures), a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice ~~shall~~ will contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The ~~Asset Sale Offer shall be made to all Holders. The~~ notice, which ~~shall~~ will govern the terms of the Asset Sale Offer, ~~shall~~ will state:

Appears in 2 contracts

Samples: Indenture (FirstCash Holdings, Inc.), Indenture (Firstcash, Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. ~~Payment for any Notes so purchased shall be made in the same manner as interest payments are made.~~ If the Purchase Date is on or after ~~an interest record date~~ a Regular Record Date and on or before the related ~~interest payment date~~Interest Payment Date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such ~~record date~~Regular Record Date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Credit Agreement (Massic Tool Mold & Die Inc), Execution (Massic Tool Mold & Die Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuer shall be required to commence an offer to all Holders to purchase Notes (an "~~Asset Sale Offer~~ASSET SALE OFFER"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "~~Offer Period~~OFFER PERIOD"). No later than five Business Days after the termination of the Offer Period (the "~~Purchase Date~~PURCHASE DATE"), the ~~Company~~ Issuer shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "~~Offer Amount~~OFFER AMOUNT") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuer shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Management Agreement (International Specialty Products Inc /New/), Decrane Holdings Co

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 4.16 hereof, the Company shall be required to ~~commence~~ make an offer to all Holders of Notes to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for ~~a period of 20 Business Days following its commencement~~ at least 30 and ~~no longer~~not more than 60 days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). ~~No later than~~ On a date within five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10~~ 4.16 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. ~~Payment for~~ The Company shall comply with any ~~Notes so purchased shall~~ tender offer rules under the Exchange Act which may then be applicable, including Rule 14e-1, in connection with any offer required to be made in by the ~~same manner~~ Company to repurchase the Notes as ~~interest payments are made~~a result of an Asset Sale Offer. If the Purchase Date is on or after ~~an interest record date~~ a Regular Record Date and on or before the related ~~interest payment date~~Interest Payment Date, any accrued and unpaid ~~interest~~ interest, if any, shall be paid to the Person in whose name a Note is registered at the close of business on such ~~record date~~Regular Record Date, and no additional ~~interest~~ interest, if any, shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, (or transmitted electronically in accordance with applicable procedures of DTC), a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Playa Hotels & Resorts N.V., Playa Hotels & Resorts B.V.

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company ~~shall be~~ is required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it ~~shall~~ will follow the procedures specified below. The Asset Sale Offer shall be made to all Holders. The Asset Sale Offer will remain open for a period of at least 20 Business Days following its commencement and ~~no longer~~not more than 30 Business Days, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than ~~five~~ three Business Days after the termination of the Offer Period (the "Purchase Date"), the Company ~~shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof~~ will apply all Excess Proceeds (the "Offer Amount") to the purchase of Notes or, if less than the Offer Amount has been tendered, all Notes and other Indebtedness tendered in response to the Asset Sale Offer. Payment for any Notes so purchased ~~shall~~ will be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest ~~shall~~ and Liquidated Damages, if any, will be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest ~~shall~~ will be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company ~~shall~~ will send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice ~~shall~~ will contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The ~~Asset Sale Offer shall be made to all Holders. The~~ notice, which ~~shall~~ will govern the terms of the Asset Sale Offer, ~~shall~~ will state:

Appears in 2 contracts

Samples: Indenture (Mueller Holdings (N.A.), Inc.), Mueller Holdings (N.A.), Inc.

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 4.16 hereof, the Company shall be required to ~~commence~~ make an offer to all Holders of Notes to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for ~~a period of 20 Business Days following its commencement~~ at least 30 and ~~no longer~~not more than 40 days, except to the extent that a longer period is required by applicable law (the "Offer Period"). ~~No later than~~ On a date within five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10~~ 4.16 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. ~~Payment for~~ The Company shall comply with any ~~Notes so purchased shall~~ tender offer rules under the Exchange Act which may then be applicable, including Rule 14e-1, in connection with any offer required to be made in by the ~~same manner~~ Company to repurchase the Notes as ~~interest payments are made~~a result of an Asset Sale Offer. If the Purchase Date is on or after ~~an interest record date~~ a Regular Record Date and on or before the related ~~interest payment date~~Interest Payment Date, any accrued and unpaid interest and Liquidated Damages, if any, shall be paid to the Person in whose name a Note is registered at the close of business on such ~~record date~~Regular Record Date, and no additional interest or Liquidated Damages, if any, shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (GHTV Inc), Village at Breckenridge Acquisition Corp Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of at least 20 Business Days following its commencement ~~and no longer, except to the extent that a longer period is required by applicable law~~ (the "~~Offer Period~~OFFER PERIOD"). No later than five Business Days after the termination of the Offer Period (the "~~Purchase Date~~PURCHASE DATE"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "~~Offer Amount~~OFFER AMOUNT") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (Criimi Mae Inc), Indenture (Criimi Mae Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuers shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its ~~commencement~~ commencement, and ~~no longer~~up to an additional five Business Days if extended by the Issuers, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Issuers shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer~~. Payment for any Notes so purchased shall be made in the same manner as interest payments are made~~. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuers shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (Consoltex Inc/ Ca), Indenture (Consoltex Usa Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders (and to holders of other Pari Passu Indebtedness of the Company designated by the Company) to purchase Notes (and such other Pari Passu Indebtedness of the Company) (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Company shall complete the Asset Sale Offer no earlier than 10 days and no later than 60 days after notice of the Asset Sale Offer is provided to the Holders or such later date as may be required by applicable law. The Asset Sale Offer shall remain open for a period of ~~20 Business Days~~ 10 days following its ~~commencement and no longer~~commencement, ~~except~~ or longer to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall ~~send, by first class mail,~~ send a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (Asbury Automotive Group Inc), Supplemental Indenture (Asbury Automotive Group Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company shall be~~ Issuers are required to commence an a joint offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), ~~it shall~~ they will follow the procedures specified below. The Asset Sale Offer shall be made to all Holders. The Asset Sale Offer will remain open for a period of 20 at least twenty (20) Business Days following its commencement and ~~no longer~~not more than thirty (30) Business Days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five (5) Business Days after the termination of the Offer Period (the "“Purchase Date"”), the ~~Company shall~~ Issuers will apply all Excess Proceeds (the “Offer Amount”) to the purchase ~~the principal amount~~ of Notes ~~required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount")~~ or, if less than the Offer Amount has been tendered, all Notes and other Indebtedness tendered in response to the Asset Sale Offer~~. Payment for any Notes so purchased shall be made in the same manner as interest payments are made~~. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, ~~any~~ accrued and unpaid ~~interest shall~~ interest, if any, will be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest ~~shall~~ will be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company shall~~ Issuers will send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice ~~shall~~ will contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The ~~Asset Sale Offer shall be made to all Holders. The~~ notice, which ~~shall~~ will govern the terms of the Asset Sale Offer, ~~shall~~ will state:

Appears in 1 contract

Samples: Indenture (Niska Gas Storage Partners LLC)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Indenture (Holmes Products Corp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company ~~shall be~~ is required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it ~~shall~~ will follow the procedures specified below. The Asset Sale Offer shall be made to all Holders. The Asset Sale Offer will remain open for a period of at least 20 Business Days following its commencement and ~~no longer~~not more than 30 Business Days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than ~~five~~ Five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company ~~shall~~ will apply all Excess Proceeds (the “Offer Amount”) to the purchase ~~the principal amount~~ of Notes ~~required to be purchased pursuant to Section 4.10 hereof~~ (~~the "Offer Amount"~~on a pro rata basis, if applicable) or, if less than the Offer Amount has been tendered, all Notes and other Indebtedness tendered in response to the Asset Sale Offer. Payment for any Notes so purchased ~~shall~~ will be made in the same manner as interest payments are made. If the Purchase Date is on or after ~~an interest record date~~ a Record Date and on or before the related ~~interest payment date~~Interest Payment Date, any accrued and unpaid interest ~~shall~~ will be paid to the Person in whose name a Note is registered at the close of business on such ~~record date~~Record Date, and no additional interest ~~shall~~ will be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company ~~shall~~ will send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice ~~shall~~ will contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The ~~Asset Sale Offer shall be made to all Holders. The~~ notice, which ~~shall~~ will govern the terms of the Asset Sale Offer, ~~shall~~ will state:

Appears in 1 contract

Samples: Note Purchase Agreement (Moneygram International Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes validly tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest and Additional Interest, if any, shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest or Additional Interest, if any, shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Indenture (Medic Systems Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest and Liquidated Damages, if any, shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest or Liquidated Damages shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Indenture (Gulfmark Offshore Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall 150 38 purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Senior Subordinated Note Purchase Agreement (Transtechnology Corp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "~~Offer Period~~OFFER PERIOD"). No later than five Business Days after the termination of the Offer Period (the "~~Purchase Date~~PURCHASE DATE"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "~~Offer Amount~~OFFER AMOUNT") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Merrill Corp

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount at maturity of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. ~~Payment for any Notes so purchased shall be made in the same manner as interest payments are made.~~ If the Purchase Date is on or after an interest payment record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Assumption Agreement (Quaker Holding Co)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase Accreted Value (if prior to May 15, 2005) or the principal amount (if on or after May 15, 2005) of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Indenture (Nexstar Finance Holdings LLC)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10 hereof~~4.04 of this Fifth Supplemental Indenture, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its ~~commencement and no longer~~commencement, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10 hereof~~ 4.04 of this Fifth Supplemental Indenture (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer~~. Payment for any Notes so purchased shall be made in the same manner as interest payments are made~~. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon ~~the~~ commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Omnicare Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10 hereof~~4.10, the Company ~~shall be~~ is required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale ~~Offer"), it shall~~ Offer they will follow the procedures specified below. The Asset Sale Offer ~~shall~~ will remain open for a period of at least 20 Business Days following its commencement and ~~no longer~~not more than 30 Business Days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company ~~shall~~ will apply all Excess Proceeds to the purchase of the aggregate principal amount of Notes required to be purchased pursuant to Section 4.10 ~~hereof~~ (the "“Offer Amount") ”), or, if less than the Offer Amount of Notes has been ~~tendered~~validly tendered in the Asset Sale Offer, all Notes validly tendered in response to the Asset Sale Offer. Payment for any Notes so purchased ~~shall~~ will be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest ~~shall~~ up to but excluding the Purchase Date will be paid to the Person in whose name a Note is registered at the close of business on such interest record date, and no additional interest ~~shall~~ will be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company ~~shall~~ will send, by first class ~~mail~~mail (or in the case of Global Notes, transmit in accordance with the procedures of the Depositary), a notice to the ~~Trustee~~ Trustee, the Registrar and the Paying Agent and each of the Holders~~, with a copy to the Trustee~~. The notice ~~shall~~ will contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which ~~shall~~ will govern the terms of the Asset Sale Offer, ~~shall~~ will state:

Appears in 1 contract

Samples: Intercreditor Agreement (GOOD TECHNOLOGY Corp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 4.15 hereof, the ~~Company~~ Issuer shall be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the ~~Company~~ Issuer shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10~~ 4.15 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after ~~an interest~~ a record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no ~~additional~~ other interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuer shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Indenture (Radio One, Inc.)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). ) No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Pca Valdosta Corp

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 4.15 hereof, the ~~Company~~ Issuers shall be required to commence an offer to all Holders to purchase ~~Notes~~ Debentures (an "~~Asset Sale Offer~~ASSET SALE OFFER"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "~~Offer Period~~OFFER PERIOD"). No later than five Business Days after the termination of the Offer Period (the "~~Purchase Date~~PURCHASE DATE"), the ~~Company~~ Issuers shall purchase the principal amount or Accreted Value, as applicable, of ~~Notes~~ Debentures required to be purchased pursuant to Section ~~4.10~~ 4.15 hereof (the "~~Offer Amount~~OFFER AMOUNT") or, if less than the Offer Amount has been tendered, all ~~Notes~~ Debentures tendered in response to the Asset Sale Offer. Payment for any ~~Notes~~ Debentures so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a ~~Note~~ Debenture is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender ~~Notes~~ Debentures pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuers shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender ~~Notes~~ Debentures pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Falcon Funding Corp

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 4.14 hereof, the Company ~~shall be~~ is required to commence an offer to all Holders to purchase Notes (~~an "~~“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall be made to all Holders of Notes and all holders of other pari passu Indebtedness containing provisions similar to those set forth in this Indenture with respect to offers to purchase or redeem with the proceeds of sales of assets. The Asset Sale Offer shall remain open for a period of at least 20 Business Days following its commencement and ~~no longer~~not more than 30 Business Days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than ~~five~~ three Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company shall ~~purchase~~ apply a portion of the ~~principal amount of Notes required to be purchased~~ Excess Proceeds as calculated pursuant to Section ~~4.10~~ 4.14 hereof (the "“Offer Amount"”) to the purchase of Notes and such other pari passu Indebtedness (on a pro rata basis, if applicable) or, if less than the Offer Amount has been tendered, all of such Notes and other pari passu Indebtedness tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by ~~first~~ first-class mail, a notice to the Trustee and each of the applicable Holders~~, with a copy to the Trustee~~. The notice ~~shall~~ will contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The ~~Asset Sale Offer shall be made to all Holders. The~~ notice, which ~~shall~~ will govern the terms of the Asset Sale Offer, ~~shall~~ will state:

Appears in 1 contract

Samples: Valeant Pharmaceuticals International, Inc.

Offer to Purchase by Application of Excess Proceeds. In the event ~~that, pursuant to Section 4.10 hereof,~~ that the ~~Company~~ Issuers shall be required to commence an offer to all Holders to purchase Notes pursuant to Section 4.11 (an "“Asset Sale Offer"”), it the Issuers shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the ~~Company~~ Issuers shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10 hereof~~ 4.11 (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. Unless the Issuers default in making such payment, any Note accepted for payment pursuant to the Asset Sale Offer shall cease to accrue interest after the Purchase Date. To the extent that the provisions of any securities laws or regulations conflict with the provisions of this Section 3.09, the Issuers’ compliance with such laws and regulations shall not in and of itself cause a breach of their obligations under this Section 3.09. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date~~, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer~~. Upon the commencement of an Asset Sale ~~Offer,~~ Offer the ~~Company~~ Issuers shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Indenture (Charter Communications Inc /Mo/)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its ~~commencement and no longer~~commencement, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer~~. Payment for any Notes so purchased shall be made in the same manner as interest payments are made~~. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Execution Copy (Omnicare Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuers shall be required to commence an offer to all Holders ~~to purchase Notes~~ (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Issuers shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuers shall send, by first class mail, a notice to the Trustee and to each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all ~~Holders~~Holders of Notes. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Remington Products Co LLC

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "~~Asset Sale Offer~~ASSET SALE OFFER"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "~~Offer Period~~OFFER PERIOD"). No later than five Business Days after the termination of the Offer Period (the "~~Purchase Date~~PURCHASE DATE"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "~~Offer Amount~~OFFER AMOUNT") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Indenture (Apparel Retailers Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 4.07 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of not less than 20 Business Days following its ~~commencement and no longer~~commencement, except to the extent that the Company elects to provide a longer period or a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10~~ 4.07 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related ~~interest payment date~~Interest Payment Date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date; otherwise, ~~and~~ no ~~additional~~ accrued but unpaid interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by ~~first~~ first-class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Indenture (Sunbeam Corp/Fl/)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuer shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Issuer shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuer shall send, by first class mail, a written notice to the Trustee and to each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Cott Corp /Cn/

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuers shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it they shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Issuers shall purchase the principal amount of Senior Subordinated Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Senior Subordinated Notes tendered in response to the Asset Sale Offer. Payment for any Senior Subordinated Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Senior Subordinated Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Senior Subordinated Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuers shall send, by first class mail, a written notice to the Trustee and to each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Senior Subordinated Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Avalon Cable Finance Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 4.11 hereof, the ~~Company~~ Trust shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than ~~five~~ ten Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Trust shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10~~ 4.11 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Trust shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Experience Management LLC

Offer to Purchase by Application of Excess Proceeds. In the event ~~that,~~ that pursuant to Section ~~4.10~~ 4.03 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its ~~commencement and no longer~~commencement, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10~~ 4.03 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. ~~Payment for any Notes so purchased shall be made in the same manner as interest payments are made.~~ If the Purchase Date is on or after ~~an interest record date~~ a Record Date and on or before the related ~~interest payment date~~Interest Payment Date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such ~~record date~~Record Date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon ~~the~~ commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: First Supplemental Indenture (Lifepoint Health, Inc.)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuer shall be required to commence an offer to all Holders to purchase ~~Notes~~ Debentures (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Issuer shall purchase the principal amount at maturity of ~~Notes~~ Debentures required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all ~~Notes~~ Debentures tendered in response to the Asset Sale Offer. Payment for any ~~Notes~~ Debentures so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a ~~Note~~ Debenture is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender ~~Notes~~ Debentures pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuer shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:to

Appears in 1 contract

Samples: Thermadyne Holdings Corp /De

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to ~~commence~~ make an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Panther Transport Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 5.05 hereof, the ~~Company~~ Issuers shall be required to commence an ~~offer~~ Asset Sale Offer to all Holders ~~to purchase~~ of the Notes ~~(an "Asset Sale Offer")~~and all holders of Indebtedness that is pari passu with the Notes, it the Issuers shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 ~~Business Days~~ business days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five ~~Business Days~~ business days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Issuers shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10~~ 5.05 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as ~~interest~~ principal payments are ~~made~~made at the Stated Maturity. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuers shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Indenture (Plains All American Pipeline Lp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no ~~additional interest~~ Additional Interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: BRP (Luxembourg) 4 S.a.r.l.

Offer to Purchase by Application of Excess Proceeds. In the event ~~that, pursuant to Section 4.10 hereof,~~ that the ~~Company~~ Issuers shall be required to commence an offer to all Holders to purchase Notes pursuant to Section 4.11 (an "Asset Sale Offer"), it they shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days 57 following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Issuers shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10 hereof~~ 4.11 (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. Unless the Issuers default in making such payment, any Note accepted for payment pursuant to the Asset Sale Offer shall cease to accrue interest after the Purchase Date. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no ~~additional interest~~ Special Interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale ~~Offer,~~ Offer the ~~Company~~ Issuers shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Charter Communications Holdings Capital Corp

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 5.06 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 ~~Business Days~~ business days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five ~~Business Days~~ business days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10~~ 5.06 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Execution (Premier Parks Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company ~~shall be~~ is required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall be made to all Holders of Notes and all holders of other Parity Secured Debt (other than Credit Agreement Debt) containing provisions similar to those set forth in this Supplemental Indenture with respect to offers to purchase or redeem with the proceeds of sales of assets. The Asset Sale Offer shall remain open for a period of at least 20 Business Days following its commencement and ~~no longer~~not more than 30 Business Days, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than ~~five~~ three Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall ~~purchase~~ apply a portion of the ~~principal amount of Notes required to be purchased~~ Excess Proceeds as calculated pursuant to the second sentence of Section ~~4.10~~ 4.10(d) hereof (the "Offer Amount") to the purchase of Notes and such other Parity Secured Debt (on a pro rata basis, if applicable) or, if less than the Offer Amount has been tendered, all Notes and other Indebtedness tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest ~~shall~~ will be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice ~~shall~~ will contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The ~~Asset Sale Offer shall be made to all Holders. The~~ notice, which ~~shall~~ will govern the terms of the Asset Sale Offer, ~~shall~~ will state:

Appears in 1 contract

Samples: Senior Indenture (Reliant Energy Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it they shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: K&f Industries Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 4.04 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its ~~commencement and no longer~~commencement, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10~~ 4.04 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer~~. Payment for any Notes so purchased shall be made in the same manner as interest payments are made~~. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon ~~the~~ commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: First Supplemental Indenture (Omnicare Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest payment record date and on or before the related interest payment date, any accrued and unpaid interest and Additional Interest, if any, shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest or Additional Interest, if any, shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by electronic transmission or by first class mail, a written notice to the Trustee and to each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Supplemental Indenture (Local Insight Yellow Pages, Inc.)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Senior Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Senior Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if Senior Notes aggregating less than the Offer Amount ~~has~~ have been tendered, all Senior Notes tendered in response to the Asset Sale Offer. Payment for any Senior Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Senior Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Senior Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Senior Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Leslie Resources Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10 hereof~~4.04 of this Sixth Supplemental Indenture, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its ~~commencement and no longer~~commencement, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10 hereof~~ 4.04 of this Sixth Supplemental Indenture (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer~~. Payment for any Notes so purchased shall be made in the same manner as interest payments are made~~. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon ~~the~~ commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Sixth Supplemental Indenture (Omnicare Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 or Section 4.22 hereof, as applicable, the Company shall be required to commence an offer to all Holders to purchase First Mortgage Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of First Mortgage Notes required to be purchased pursuant to Section 4.10 ~~hereof~~ or Section 4.22 hereof, as applicable, (the "Offer Amount") or, if less than the Offer Amount has been tendered, all First Mortgage Notes tendered in response to the Asset Sale Offer. Payment for any First Mortgage Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a First Mortgage Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender First Mortgage Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender First Mortgage Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Royster-Clark Nitrogen Realty LLC

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. ~~Payment for any Notes so purchased shall be made in the same manner as interest payments are made.~~ If the Purchase Date is on or after ~~an interest record date~~ a Regular Record Date and on or before the related ~~interest payment date~~Interest Payment Date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such ~~record date~~Regular Record Date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset ~~Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:~~Sale

Appears in 1 contract

Samples: KSL Recreation Group Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, ~~the Company~~ Stater Bros. shall ------------ be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), ~~the Company~~ Stater Bros. shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than ------------ the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, ~~the Company~~ Stater Bros. shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Stater Bros Holdings Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an ~~"Asset~~ AAsset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the ~~"Offer~~ AOffer Period"). No later than five Business Days after the termination of the Offer Period (the ~~"Purchase~~ APurchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the ~~"Offer~~ AOffer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Supplemental Indenture (Dyersburg Corp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10 hereof~~4.04 of this Fourth Supplemental Indenture, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its ~~commencement and no longer~~commencement, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10 hereof~~ 4.04 of this Fourth Supplemental Indenture (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer~~. Payment for any Notes so purchased shall be made in the same manner as interest payments are made~~. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon ~~the~~ commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Omnicare Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to ~~the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:~~the

Appears in 1 contract

Samples: Indenture (Holmes Products Corp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuers shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it they shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Issuers shall purchase the principal amount of Senior Discount Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Senior Discount Notes tendered in response to the Asset Sale Offer. Payment for any Senior Discount Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Senior Discount Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Senior Discount Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuers shall send, by first class mail, a written notice to the Trustee and to each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Senior Discount Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Avalon Cable Holdings Finance Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders of Notes and, to ~~purchase~~ the extent required by the terms thereof, to all holders or lenders of other pari passu Indebtedness, to repurchase Notes and any such pari passu Indebtedness (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 ~~hereof~~ hereof, giving effect to any related offer for pari passu Indebtedness pursuant to Section 4.10, (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no ~~additional interest~~ Liquidated Damages shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Indenture (Range Resources Corp)

Common use of Offer to Purchase by Application of Excess Proceeds Clause in Contracts