Common use of Repurchase at Option of Holder Upon a Fundamental Change Clause in Contracts

Repurchase at Option of Holder Upon a Fundamental Change. (a) If a Fundamental Change occurs, each Holder of Securities shall have the right (the “Fundamental Change Repurchase Right”), at such Holder’s option, to require the Company to repurchase (a “Repurchase Upon Fundamental Change”) all of such Holder’s Securities (or portions thereof that are integral multiples of $1,000 in principal amount), on a date selected by the Company (the “Fundamental Change Repurchase Date”), which shall be no later than thirty five (35) Business Days, and no earlier than twenty (20) Business Days, after the date the Fundamental Change Notice is mailed in accordance with Section 3.02(b), at a price, payable in cash, equal to one hundred percent (100%) of the principal amount of the Securities (or portions thereof) to be so repurchased, plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), upon:

Appears in 2 contracts

Samples: Indenture (Quantum Corp /De/), Indenture (Quantum Corp /De/)

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Repurchase at Option of Holder Upon a Fundamental Change. (aA) If a In the event any Fundamental Change occurs(as defined below) shall occur, each Holder of Securities shall have the right (the “Fundamental Change Repurchase Right”), at such Holder’s option, to require the Company to repurchase (a “Repurchase Upon Fundamental Change”) all of such Holder’s Securities (or portions thereof that are integral multiples of $1,000 in principal amount), on a date selected by the Company (the “Fundamental Change Repurchase Date”), which Fundamental Change Repurchase Date shall be no later than thirty five (35) Business Daysdays, and no nor earlier than twenty (20) Business Daysdays, after the date the Fundamental Change Notice (as defined below) is mailed in accordance with Section 3.02(b3.02(B), at a price, payable in cash, equal to one hundred percent (100%) of the principal amount of the Securities (or portions thereof) to be so repurchased, plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), upon:

Appears in 2 contracts

Samples: Indenture (Alpha Natural Resources, Inc.), Alpha Natural Resources, Inc.

Repurchase at Option of Holder Upon a Fundamental Change. (aA) If a Fundamental Change occurs, each Holder of Securities shall have the right (the “Fundamental Change Repurchase Right”), at such Holder’s option, to require the Company to repurchase (a “Repurchase Upon Fundamental Change”) all of such Holder’s Securities (or portions any portion thereof that are in integral multiples of $1,000 in principal amount), on a date selected by the Company (the “Fundamental Change Repurchase Date”), which shall be no later than thirty five (35) Business Daysdays, and no nor earlier than twenty (20) Business Daysdays, after the date the Fundamental Change Notice is mailed (or otherwise delivered) in accordance with Section 3.02(b3.02(B), at a price, payable in cash, equal to one hundred percent (100%) of the principal amount of the Securities (or portions thereof) to be so repurchased, plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), upon:

Appears in 2 contracts

Samples: Accuray Incorporated (Accuray Inc), Accuray Incorporated (Accuray Inc)

Repurchase at Option of Holder Upon a Fundamental Change. (a) If a In the event any Fundamental Change occursshall occur, each Holder of Securities shall have the right (the “Fundamental Change Repurchase Right”), at such Holder’s option, to require the Company to repurchase (a “Repurchase Upon Fundamental Change”) all of such Holder’s Securities (or portions thereof that are integral multiples of $1,000 in principal amount), on a date selected by the Company (the “Fundamental Change Repurchase Date”), which Fundamental Change Repurchase Date shall be no later not less than thirty twenty (20) nor more than thirty-five (35) Business Days, and no earlier than twenty (20) Business Days, Days after the date the Fundamental Change Notice (as defined below) is mailed in accordance with Section 3.02(b3.09(b), at a price, payable in cash, equal to one hundred percent (100%) of the principal amount of the Securities (or portions thereof) to be so repurchased, plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), upon:

Appears in 1 contract

Samples: Indenture (Toreador Resources Corp)

Repurchase at Option of Holder Upon a Fundamental Change. (aA) If a Fundamental Change occurs, each Holder of Securities shall have the right (the “Fundamental Change Repurchase Right”), at such Holder’s option, to require the Company to repurchase (a “Repurchase Upon Fundamental Change”) all of such Holder’s Securities (or portions any portion thereof that are in integral multiples of $1,000 in principal amount), on a date selected by the Company (the “Fundamental Change Repurchase Date”), which shall be no later than thirty five (35) Business Daysdays, and no nor earlier than twenty (20) Business Daysdays, after the date the Fundamental Change Notice is mailed (or otherwise delivered) in accordance with Section 3.02(b3.05(B), at a price, payable in cash, equal to one hundred percent (100%) of the principal amount of the Securities (or portions thereof) to be so repurchased, plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), upon:

Appears in 1 contract

Samples: Accuray Incorporated (Accuray Inc)

Repurchase at Option of Holder Upon a Fundamental Change. (aA) If a Fundamental Change occurs, each Holder of Securities shall have the right (the “Fundamental Change Repurchase Right”), at such Holder’s option, to require the Company to repurchase (a “Repurchase Upon Fundamental Change”) all of such Holder’s Securities (or portions thereof that are integral multiples of $1,000 in principal amount), on a date selected by the Company (the “Fundamental Change Repurchase Date”), which shall be no later than thirty five (35) Business Days, and no earlier than twenty (20) Business Days, days after the date the Fundamental Change Notice is mailed in accordance with Section 3.02(b3.07(B), at a price, payable in cash, equal to one hundred percent (100%) of the principal amount of the Securities (or portions thereof) to be so repurchased, plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), upon:

Appears in 1 contract

Samples: BPZ Resources, Inc.

Repurchase at Option of Holder Upon a Fundamental Change. (aA) If a In the event any Fundamental Change occurs(as defined below) shall occur, each Holder of Securities shall have the right (the “Fundamental Change Repurchase Right”"FUNDAMENTAL CHANGE REPURCHASE RIGHT"), at such Holder’s 's option, to require the Company to repurchase (a “Repurchase Upon Fundamental Change”) all of such Holder’s 's Securities (or portions thereof that are integral multiples of $1,000 U.S.$1,000 in principal amount), on a date selected by the Company (the "FUNDAMENTAL CHANGE REPURCHASE DATE"), which Fundamental Change Repurchase Date”), which Date shall be no later than thirty five (35) Business Daysdays, and no nor earlier than twenty (20) Business Daysdays, after the date the Fundamental Change Notice (as defined below) is mailed in accordance with Section 3.02(bSECTION 3.10(B), at a price, payable in cash, equal to one hundred percent (100%) of the principal amount of the Securities (or portions thereof) to be so repurchased, plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date Early Redemption Amount (the “Fundamental Change Repurchase Price”"FUNDAMENTAL CHANGE REPURCHASE PRICE"), upon:

Appears in 1 contract

Samples: Yingli Green Energy Holding Co LTD

Repurchase at Option of Holder Upon a Fundamental Change. (a) If a Fundamental Change occurs, each Holder of Securities shall have the right (the “Fundamental Change Repurchase Right”), at such Holder’s option, to require the Company to repurchase (a “Repurchase Upon Fundamental Change”) all of such Holder’s Securities (or portions thereof that are integral multiples of $1,000 in principal amount), on a date selected by the Company (the “Fundamental Change Repurchase Date”), which shall be no later than thirty five (35) Business Days, and no earlier than twenty (20) Business Days, after the date the Fundamental Change Notice is mailed delivered in accordance with Section 3.02(b), at a price, payable in cash, equal to one hundred percent (100%) of the principal amount of the Securities (or portions thereof) to be so repurchased, plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), upon:

Appears in 1 contract

Samples: Indenture (Emerald Oil, Inc.)

Repurchase at Option of Holder Upon a Fundamental Change. (aA) If a In the event any Fundamental Change occurs(as defined below) shall occur, each Holder of Securities shall have the right (the “Fundamental Change Repurchase Right”"FUNDAMENTAL CHANGE REPURCHASE RIGHT"), at such Holder’s 's option, to require the Company to repurchase (a “Repurchase Upon Fundamental Change”) all of such Holder’s 's Securities (or portions thereof that are integral multiples of $1,000 in principal amount), on a date selected by the Company (the "FUNDAMENTAL CHANGE REPURCHASE DATE"), which Fundamental Change Repurchase Date”), which Date shall be no later than thirty five (35) Business Daysdays, and no nor earlier than twenty (20) Business Daysdays, after the date the Fundamental Change Notice (as defined below) is mailed in accordance with Section 3.02(bSECTION 3.09(B), at a price, payable in cash, equal to one hundred percent (100%) of the principal amount of the Securities (or portions thereof) to be so repurchasedrepurchased (the "FUNDAMENTAL CHANGE REPURCHASE PRICE"), plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”)Date, upon:

Appears in 1 contract

Samples: Indenture (LDK Solar Co., Ltd.)

Repurchase at Option of Holder Upon a Fundamental Change. (aA) If a Fundamental Change occurs, each Holder of Securities shall have the right (the “Fundamental Change Repurchase Right”), at such Holder’s option, to require the Company Issuer to repurchase (a “Repurchase Upon Fundamental Change”) all of such Holder’s Securities (or portions any portion thereof that are in integral multiples of $1,000 in principal amount), on a date selected by the Company Issuer (the “Fundamental Change Repurchase Date”), which shall be no later than thirty five (35) Business Daysdays, and no nor earlier than twenty (20) Business Daysdays, after the date the Fundamental Change Notice is mailed or furnished in accordance with Section 3.02(b3.02(B), at a price, payable in cash, equal to one hundred percent (100%) of the principal amount of the Securities (or portions thereof) to be so repurchased, plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), upon:

Appears in 1 contract

Samples: First Supplemental Indenture (Hawaiian Holdings Inc)

Repurchase at Option of Holder Upon a Fundamental Change. (aA) If a Fundamental Change occursoccurs prior to the Maturity Date, each Holder of Securities shall have the right (the “Fundamental Change Repurchase Right”), at such Holder’s option, to require the Company to repurchase (a “Repurchase Upon Fundamental Change”) all of such Holder’s Securities (or portions any portion thereof that are in integral multiples of $1,000 in principal amount), on a date selected by the Company (the “Fundamental Change Repurchase Date”), which shall be no later than thirty five (35) Business Daysdays, and no nor earlier than twenty (20) Business Daysdays, after the date the Fundamental Change Notice is mailed (or otherwise delivered) in accordance with Section 3.02(b‎3.02(B), at a price, payable in cash, equal to one hundred percent (100%) of the principal amount of the Securities (or portions thereof) to be so repurchased, plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), upon:

Appears in 1 contract

Samples: Accuray (Accuray Inc)

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Repurchase at Option of Holder Upon a Fundamental Change. (aA) If a In the event any Fundamental Change occurs(as defined below) shall occur, each Holder of Securities shall have the right (the “Fundamental Change Repurchase Right”), at such Holder’s option, to require the Company to repurchase (a “Repurchase Upon Fundamental Change”) all of such Holder’s Securities (or portions thereof that are integral multiples of $1,000 in principal amount, subject to a minimum of $2,000), on a date selected by the Company (the “Fundamental Change Repurchase Date”), which Fundamental Change Repurchase Date shall be no later than thirty five (35) Business Days35 days, and no nor earlier than twenty (20) Business Days20 days, after the date the Fundamental Change Notice (as defined below) is mailed in accordance with Section 3.02(b3.08(B), at a price, payable in cash, equal to one hundred percent (100%) 101% of the outstanding principal amount at maturity of the Securities (or portions thereof) to be so repurchasedrepurchased (the “Fundamental Change Repurchase Price”), plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”)Date, upon:

Appears in 1 contract

Samples: Warrant Agreement (Savient Pharmaceuticals Inc)

Repurchase at Option of Holder Upon a Fundamental Change. (aA) If a Fundamental Change occursoccurs prior to the Maturity Date, each Holder of Securities shall have the right (the “Fundamental Change Repurchase Right”), at such Holder’s option, to require the Company to repurchase (a “Repurchase Upon Fundamental Change”) all of such Holder’s Securities (or portions any portion thereof that are in integral multiples of $1,000 in principal amount), on a date selected by the Company (the “Fundamental Change Repurchase Date”), which shall be no later than thirty five (35) Business Daysdays, and no nor earlier than twenty (20) Business Daysdays, after the date the Fundamental Change Notice is mailed (or otherwise delivered) in accordance with Section 3.02(b3.02(B), at a price, payable in cash, equal to one hundred percent (100%) of the principal amount of the Securities (or portions thereof) to be so repurchased, plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), upon:

Appears in 1 contract

Samples: Accuray Incorporated (Accuray Inc)

Repurchase at Option of Holder Upon a Fundamental Change. (aA) If a Fundamental Change occurs, each Holder of Securities shall have the right (the “Fundamental Change Repurchase Right”), at such Holder’s option, to require the Company Issuer to repurchase (a “Repurchase Upon Fundamental Change”) all of such Holder’s Securities Notes (or portions thereof that are integral multiples of $1,000 in principal amountexcess of $2,000), on a date selected by the Company Issuer (the “Fundamental Change Repurchase Date”), which shall be no later than thirty thirty-five (35) Business Days, and no nor earlier than twenty (20) Business Days, after the date the Fundamental Change Notice is mailed in accordance with Section 3.02(b3.02(B), at a price, payable in cash, equal to one hundred percent (100%) of the principal amount of the Securities Notes (or portions thereof) to be so repurchased, plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), upon:

Appears in 1 contract

Samples: First Supplemental Indenture (Interoil Corp)

Repurchase at Option of Holder Upon a Fundamental Change. (aA) If a In the event any Fundamental Change occurs(as defined below) shall occur, each Holder of Securities shall have the right (the “Fundamental Change Repurchase Right”"FUNDAMENTAL CHANGE REPURCHASE RIGHT"), at such Holder’s 's option, to require the Company to repurchase (a “Repurchase Upon Fundamental Change”) all of such Holder’s 's Securities (or portions thereof that are integral multiples of $1,000 in principal amount), on a date selected by the Company (the "FUNDAMENTAL CHANGE REPURCHASE DATE"), which Fundamental Change Repurchase Date”), which Date shall be no later than thirty five (35) Business Daysdays, and no nor earlier than twenty (20) Business Daysdays, after the date the Fundamental Change Notice (as defined below) is mailed in accordance with Section 3.02(bSECTION 3.10(B), at a price, payable in cash, equal to one hundred percent (100%) of the principal amount of the Securities (or portions thereof) to be so repurchasedrepurchased (the "FUNDAMENTAL CHANGE REPURCHASE PRICE"), plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”)Date, upon:

Appears in 1 contract

Samples: Indenture (Suntech Power Holdings Co., Ltd.)

Repurchase at Option of Holder Upon a Fundamental Change. (aA) If a In the event any Fundamental Change occurs(as defined below) shall occur, each Holder of Securities shall have the right (the “Fundamental Change Repurchase Right”), at such Holder’s option, to require the Company to repurchase (a “Repurchase Upon Fundamental Change”) all of such Holder’s Securities (or portions thereof that are integral multiples of $1,000 in principal amount, subject to a minimum of $2,000), on a date selected by the Company (the “Fundamental Change Repurchase Date”), which Fundamental Change Repurchase Date shall be no later than thirty five (35) Business Days35 days, and no nor earlier than twenty (20) Business Days20 days, after the date the Fundamental Change Notice (as defined below) is mailed in accordance with Section 3.02(b3.08(B), at a price, payable in cash, equal to one hundred percent (100%) 101% of the principal amount of the Securities (or portions thereof) to be so repurchasedrepurchased (the “Fundamental Change Repurchase Price”), plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”)Date, upon:

Appears in 1 contract

Samples: Kv Pharmaceutical Co /De/

Repurchase at Option of Holder Upon a Fundamental Change. (aA) If a In the event any Fundamental Change occurs(as defined below) shall occur, each Holder of Securities shall have the right (the “Fundamental Change Repurchase Right”), at such Holder’s option, to require the Company to repurchase (a “Repurchase Upon Fundamental Change”) all of such Holder’s Securities (or portions thereof that are integral multiples of $1,000 in principal amount), on a date selected by the Company (the “Fundamental Change Repurchase Date”), which Fundamental Change Repurchase Date shall be no later than thirty five (35) Business Daysdays, and no nor earlier than twenty (20) Business Daysdays, after the date the Fundamental Change Notice (as defined below) is mailed in accordance with Section 3.02(b3.09(B), at a price, payable in cash, equal to one hundred percent (100%) of the principal amount of the Securities (or portions thereof) to be so repurchasedrepurchased (the “Fundamental Change Repurchase Price”), plus accrued and unpaid interest, if any, to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”)Date, upon:

Appears in 1 contract

Samples: Supplemental Indenture (Five Star Quality Care Inc)

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