Common use of Procedure upon Purchase Clause in Contracts

Procedure upon Purchase. The Company shall deposit cash (in respect of a cash purchase under Section 3.08(c) or for fractional interests, as applicable) or shares of Common Stock, or a combination thereof, as applicable, at the time and in the manner as provided in Section 3.11, sufficient to pay the aggregate Purchase Price of all Securities to be purchased pursuant to this Section 3.08. As soon as practicable after the Purchase Date, the Company shall deliver to each Holder entitled to receive Common Stock through the Paying Agent, a certificate for the number of full shares of Common Stock issuable in payment of the Purchase Price and cash in lieu of any fractional interests. The person in whose name the certificate for Common Stock is registered shall be treated as a holder of record of shares of Common Stock on the Business Day following the Purchase Date. Subject to Section 3.08(d), no payment or adjustment will be made for dividends on the Common Stock the record date for which occurred on or prior to the Purchase Date.

Appears in 7 contracts

Samples: Indenture (Allergan Inc), Indenture (Neuberger Berman Inc), Indenture (Supervalu Inc)

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Procedure upon Purchase. The On the Business Day following the Purchase ----------------------- Date, the Company shall deposit cash with the Paying Agent Cash (in respect of a cash Cash purchase under Section 3.08(c) or for fractional interests, as applicable) ), or shares of Common Stock, or a combination thereof, as applicable, at the time and in the manner as provided in Section 3.11, sufficient to pay the aggregate Purchase Price in respect of all the Securities to be purchased pursuant to this Section 3.08. As soon as practicable after the Purchase Date, the Company shall deliver to each Holder entitled to receive Common Stock Stock, through the Paying Agent, a certificate for the number of full shares of Common Stock Stock, as applicable, issuable in payment of the such Purchase Price and cash Cash in lieu of any fractional interests. The person Person in whose name the certificate for Common Stock is registered shall be treated as a holder of record of shares of Common Stock on the Business Day following the Purchase Date. Subject to Section 3.08(d), no payment or adjustment will be made for dividends on the Common Stock the record date for which occurred on or prior to the Purchase Date.

Appears in 3 contracts

Samples: Aspect Telecommunications Corp, Aspect Telecommunications Corp, Aspect Telecommunications Corp

Procedure upon Purchase. The On the Business Day following the Purchase Date, the Company shall deposit cash with the Paying Agent Cash (in respect of a cash Cash purchase under Section 3.08(c) or for fractional interests, as applicable) ), or shares of Common Stock, or a combination thereof, as applicable, at the time and in the manner as provided in Section 3.11, sufficient to pay the aggregate Purchase Price of all the Securities to be purchased pursuant to this Section 3.08. As soon as practicable after the Purchase Date, the Company shall deliver to each Holder entitled to receive Common Stock Stock, through the Paying Agent, a certificate for the number of full shares of Common Stock Stock, as applicable, issuable in payment of the such Purchase Price and cash Cash in lieu of any fractional interests. The person Person in whose name the certificate for Common Stock is registered shall be treated as a holder of record of shares of Common Stock on the Business Day following the Purchase Date. Subject to Section 3.08(d), no payment or adjustment will be made for dividends on the Common Stock the record date for which occurred on or prior to the Purchase Date.

Appears in 3 contracts

Samples: Indenture (Network Associates Inc), Indenture (Network Associates Inc), Indenture (Atmel Corp)

Procedure upon Purchase. The Company shall deposit cash (in respect of a cash purchase purchases under this Section 3.08(c) 11.7 or for fractional interests, as applicable) or shares of Common Stock, or a combination thereof, as applicable, at the time and in the manner as provided in Section 3.1111.10, sufficient to pay the aggregate Purchase Price of all Securities Debentures to be purchased pursuant to this Section 3.0811.7. As soon as practicable after the Purchase Date, the Company shall deliver to each Holder entitled to receive shares of Common Stock through the Paying Agent, a certificate for the number of full shares of Common Stock issuable in payment of the Purchase Price and cash in lieu of any fractional interests. The person in whose name the certificate for the shares of Common Stock is registered shall be treated as a holder of record of shares of Common Stock on the Business Day following the Purchase Date. Subject to Section 3.08(d11.7(d), no payment or adjustment will be made for dividends on the shares of Common Stock the record date for which occurred on or prior to the Purchase Date.

Appears in 2 contracts

Samples: Indenture (International Paper Co /New/), Indenture (International Paper Co /New/)

Procedure upon Purchase. The Company shall deposit cash (in respect of a cash purchase purchases under this Section 3.08(c) 3.7 or for fractional interests, as applicable) or shares of Common Stock, or a combination thereof, as applicable, at the time and in the manner as provided in Section 3.113.10, sufficient to pay the aggregate Purchase Price of all Securities to be purchased pursuant to this Section 3.083.7. As soon as practicable after the Purchase Date, the Company shall deliver to each Holder entitled to receive shares of Common Stock through the Paying Agent, a certificate for the number of full shares of Common Stock issuable in payment of the Purchase Price and cash in lieu of any fractional interests. The person in whose name the certificate for the shares of Common Stock is registered shall be treated as a holder of record of shares of Common Stock on the Business Day following the Purchase Date. Subject to Section 3.08(d3.7(d), no payment or adjustment will shall be made for dividends on the shares of Common Stock the record date for which occurred on or prior to the Purchase Date.

Appears in 2 contracts

Samples: Indenture (Best Buy Co Inc), Indenture (Best Buy Co Inc)

Procedure upon Purchase. The Company shall deposit cash (in ----------------------- respect of a cash purchase under Section 3.08(c) or for fractional interests, as applicable) or shares of Common Stock, or a combination thereof, as applicable, at the time and in the manner as provided in Section 3.11, sufficient to pay the aggregate Purchase Price of all Securities to be purchased pursuant to this Section 3.08. As soon as practicable after the Purchase Date, the Company shall deliver to each Holder entitled to receive Common Stock through the Paying Agent, a certificate for the number of full shares of Common Stock issuable in payment of the Purchase Price and cash in lieu of any fractional interests. The person in whose name the certificate for Common Stock is registered shall be treated as a holder of record of shares of Common Stock on the Business Day following the Purchase Date. Subject to Section 3.08(d), no payment or adjustment will be made for dividends on the Common Stock the record date for which occurred on or prior to the Purchase Date.

Appears in 2 contracts

Samples: Indenture (Lowes Companies Inc), Indenture (Lowes Companies Inc)

Procedure upon Purchase. The Company shall deposit cash (in respect of a cash purchase under Section 3.08(c) or for fractional interests, interests as applicable) or shares of Common Stock, or a combination thereof, as applicable, at the time and in the manner as provided in Section 3.11, sufficient to pay the aggregate Purchase Price of all Securities to be purchased pursuant to this Section 3.08. As soon as practicable after the Purchase Date, the Company shall deliver to each Holder entitled to receive Common Stock through the Paying Agent, a certificate for the number of full shares of Common Stock issuable in payment of the Purchase Price and cash in lieu of any fractional interests. The person in whose name the certificate for Common Stock is registered shall be treated as a holder of record of shares of Common Stock on the Business Day following the Purchase Date. Subject to Section 3.08(d), no payment or adjustment will be made for dividends on the Common Stock the record date for which occurred on or prior to the Purchase Date.

Appears in 1 contract

Samples: Amr Corp

Procedure upon Purchase. The Company shall deposit cash (in respect of a cash purchase under Section 3.08(c) or for fractional interests, as applicable) or shares of Common Stock, or a combination thereof, as applicable, at the time and in the manner as 37 provided in Section 3.11, sufficient to pay the aggregate Purchase Price of all Securities to be purchased pursuant to this Section 3.08. As soon as practicable after the Purchase Date, the Company shall deliver to each Holder entitled to receive Common Stock through the Paying Agent, a certificate for the number of full shares of Common Stock issuable in payment of the Purchase Price and cash in lieu of any fractional interests. The person in whose name the certificate for Common Stock is registered shall be treated as a holder of record of shares of Common Stock on the Business Day following the Purchase Date. Subject to Section 3.08(d), no payment or adjustment will be made for dividends on the Common Stock the record date for which occurred on or prior to the Purchase Date.

Appears in 1 contract

Samples: Indenture (Anixter International Inc)

Procedure upon Purchase. The Company shall deposit cash (in respect of a cash purchase purchases under this Section 3.08(c) 3.7 or for fractional interests, as applicable) or shares of Common Stock, or a combination thereof, as applicable, at the time and in the manner as provided in Section 3.113.10, sufficient to pay the aggregate Purchase Price of all Securities to be purchased pursuant to this Section 3.083.7. As soon as practicable after the Purchase Date, the Company shall deliver to each Holder entitled to receive shares of Common Stock through the Paying Agent, a certificate for the number of full shares of Common Stock issuable in payment of the Purchase Price and cash in lieu of any fractional interests. The person in whose name the certificate for the shares of Common Stock is registered shall be treated as a holder of record of shares of Common Stock on 26 the Business Day following the Purchase Date. Subject to Section 3.08(d3.7(d), no payment or adjustment will be made for dividends on the shares of Common Stock the record date for which occurred on or prior to the Purchase Date.

Appears in 1 contract

Samples: Indenture (Mirant Corp)

Procedure upon Purchase. The Company shall deposit cash (in respect of a cash purchase under Section 3.08(c) or for fractional interests, as applicable) or shares of Common Stock, or a combination thereof, as applicable, at the time and in the manner as provided in Section 3.11, sufficient to pay the aggregate Purchase Price of of, all Securities to be purchased pursuant to this Section 3.08. As soon as practicable after the Purchase Date, the Company shall deliver to each Holder entitled to receive Common Stock through the Paying Agent, a certificate for the number of full shares of Common Stock issuable in payment of the Purchase Price and cash in lieu of any fractional interests. The person in whose name the certificate for Common Stock is registered shall be treated as a holder of record of shares of Common Stock on the Business Day following the Purchase Date. Subject to Section 3.08(d), no payment or adjustment will be made for dividends on the Common Stock the record date for which occurred on or prior to the Purchase Date.

Appears in 1 contract

Samples: Indenture (Laboratory Corp of America Holdings)

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Procedure upon Purchase. The Company Issuers shall deposit cash (in respect of a cash purchase under Section 3.08(c) or for fractional interestsshares, as applicable) or shares of Common Stock, or a combination thereof, as applicable, at the time and in the manner as provided in Section 3.11, sufficient to pay the aggregate Purchase Price of all Securities to be purchased pursuant to this Section 3.08. As soon as practicable after the Purchase Date, the Company shall <PAGE> 28 deliver to each Holder entitled to receive Common Stock through the Paying Stock Transfer Agent, a certificate for the number of full shares of Common Stock issuable in payment of the Purchase Price and cash in lieu of any fractional interestsPrice. The person Person in whose name the certificate for Common Stock is registered shall be treated as a holder of record of shares of Common Stock on the Business Day following the Purchase Date. Subject to Section 3.08(d), no payment or adjustment will be made for dividends on the any Common Stock delivered in payment of the Purchase Price the record date for which occurred on or prior to the Purchase Date.

Appears in 1 contract

Samples: Indenture (Jones Apparel Group Inc)

Procedure upon Purchase. The Company shall deposit cash (in respect of a cash purchase under Section 3.08(c11.08(c) or for fractional interests, as applicable) or shares of Common Stock, or a combination thereof, as applicable, at the time and in the manner as provided in Section 3.1111.11, sufficient to pay the aggregate Purchase Price of all Securities to be purchased pursuant to this Section 3.0811.08. As soon as practicable after the Purchase Date, the Company shall deliver to each Holder entitled to receive Common Stock through the Paying Stock Transfer Agent, a certificate for the number of full shares of Common Stock issuable in payment of the Purchase Price and cash in lieu of any fractional interestsPrice. The person Person in whose name the certificate for Common Stock is registered shall be treated as a holder of record of shares of Common Stock on the Business Day following the Purchase Date. Subject to Section 3.08(d11.08(d), no payment or adjustment will be made for dividends on the any Common Stock delivered in payment of the Purchase Price the record date for which occurred on or prior to the Purchase Date.

Appears in 1 contract

Samples: Indenture (Avon Products Inc)

Procedure upon Purchase. The Company shall deposit cash (in respect of a cash purchase under Section 3.08(c3.7(c) or for fractional interests, as applicable) or shares of Common Stock, or a combination thereof, as applicable, at the time and in the manner as provided in Section 3.113.10, sufficient to pay the aggregate Purchase Price of all Securities Notes to be purchased pursuant to this Section 3.083.7. As soon as practicable after the Purchase Date, the Company shall deliver to each Holder entitled to receive Common Stock through the Paying Agent, a certificate for the number of full shares of Common Stock issuable in payment of the Purchase Price and cash in lieu of any fractional interests. The person in whose name the certificate for Common Stock is registered shall be treated as a holder of record of shares of Common Stock on the Business Day following the Purchase Date. Subject to Section 3.08(d3.7(d), no payment or adjustment will be made for dividends on the Common Stock the record date for which occurred on or prior to the Purchase Date.

Appears in 1 contract

Samples: Aol Time Warner Inc

Procedure upon Purchase. The Company Issuer shall deposit cash (in respect of a cash purchase under Section 3.08(c) or for fractional interests, as applicable) or shares of Common Stock, or a combination thereof, as applicable, at the time and in the manner as provided in Section 3.11, sufficient to pay the aggregate Purchase Price of all Securities to be purchased pursuant to this Section 3.08. As soon as practicable after the Purchase Date, the Company shall deliver to each Holder entitled to receive Common Stock through the Paying Agentits stock transfer agent, a certificate for the number of full shares of Common Stock issuable in payment of the Purchase Price and cash in lieu of any fractional interestsPrice. The person Person in whose name the certificate for Common Stock is registered shall be treated as a holder of record of shares of Common Stock on the Business Day following the Purchase Date. Subject to Section 3.08(d), no payment or adjustment will be made for dividends on the any Common Stock delivered in payment of the Purchase Price the record date for which occurred on or prior to the Purchase Date.

Appears in 1 contract

Samples: Enron Corp/Or/

Procedure upon Purchase. The Company shall deposit cash (in respect of a cash purchase purchases under this Section 3.08(c) 3.7 or for fractional interests, as applicable) or shares of Common Stock, or a combination thereof, as applicable, at the time and in the manner as provided in Section 3.113.10, sufficient to pay the aggregate Purchase Price of all Securities to be purchased pursuant to this Section 3.083.7. As soon as practicable after the Purchase Date, the Company shall deliver to each Holder entitled to receive shares of Common Stock through the Paying Agent, a certificate for the number of full shares of Common Stock issuable in payment of the Purchase Price and cash in lieu of any fractional interests. The person in whose name the certificate for the shares of Common Stock is registered shall be treated as a holder of record of shares of Common Stock on the Business Day following the Purchase Date. Subject to Section 3.08(d3.7(d), no payment or adjustment will be made for dividends on the shares of Common Stock the record date for which occurred on or prior to the Purchase Date.

Appears in 1 contract

Samples: Cendant Corp

Procedure upon Purchase. The Company shall deposit cash (in respect of a cash purchase under Section 3.08(c15.01(c) or for fractional interests, as applicable) or shares of Common Stock, or a combination thereof, as applicable, at the time and in the manner as provided in Section 3.1115.06, sufficient to pay the aggregate Purchase Price of all Securities to be purchased pursuant to this Section 3.0815.01. As soon as practicable after the Purchase Date, the Company shall deliver to each Holder holder entitled to receive Common Stock through the Paying Agent, a certificate (or other evidence of ownership) for the number of full shares of Common Stock issuable in payment of the Purchase Price and cash in lieu of any fractional interests. The person in whose name the certificate for Common Stock is registered shall be treated as a holder of record of shares of Common Stock on the Business Day following the Purchase Date. Subject to Section 3.08(d), no No payment or adjustment will be made for dividends on the Common Stock the record date for which occurred on or prior to the Purchase Date.

Appears in 1 contract

Samples: Xerox Corp

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