Common use of Repurchase at Option of Holders of the Notes Upon a Fundamental Change Clause in Contracts

Repurchase at Option of Holders of the Notes Upon a Fundamental Change. (a) If a Fundamental Change occurs at any time, each Holder of the Notes shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s Notes, or any portion thereof that is equal to $25 principal amount or an integral multiple of $25 principal amount, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 calendar days or more than 35 calendar days following the date of the Fundamental Change Company Notice at a repurchase price equal to 101% of the principal amount of the Notes to be repurchased, together with accrued and unpaid interest to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”); provided that if the Fundamental Change Repurchase Date falls after a Regular Record Date but on or prior to the Interest Payment Date to which such Regular Record Date relates, then any such accrued and unpaid interest shall be paid not to the Holders of the Notes submitting the Notes for repurchase on the Fundamental Change Repurchase Date but instead to the Holders of such Notes at the close of business on the Regular Record Date, and the Fundamental Change Repurchase Price shall be equal to 101% of the principal amount of Notes to be repurchased pursuant to this Article 9.

Appears in 1 contract

Samples: And (Arbor Realty Trust Inc)

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Repurchase at Option of Holders of the Notes Upon a Fundamental Change. (a) Article 21 If a Fundamental Change occurs at any time, each Holder of the Notes shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s Notes, or any portion of the principal thereof that is equal to $25 1,000 principal amount or an integral multiple of $25 1,000 principal amount, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 calendar days or more than 35 calendar days following the date of the Fundamental Change Company Notice at a repurchase price equal to 101100% of the principal amount of the Notes to be repurchased, together with plus accrued and unpaid interest to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”); provided that if the Fundamental Change Repurchase Date falls after a Regular Record Date but on or prior to the Interest Payment Date to which such Regular Record Date relates, then any such the Company shall instead pay the full amount of accrued and unpaid interest shall be paid not to the Holders Holder of the Notes submitting the Notes for repurchase record on the Fundamental Change Repurchase Date but instead to the Holders of such Notes at the close of business on the Regular Record Date, and the Fundamental Change Repurchase Price shall be equal to 101100% of the principal amount of Notes to be repurchased pursuant to this Article 9.

Appears in 1 contract

Samples: First Supplemental Indenture (Wabash National Corp /De)

Repurchase at Option of Holders of the Notes Upon a Fundamental Change. (a) If a Fundamental Change occurs at any time, each Holder of the Notes shall have the right, at such Holder’s option, to require the Company Issuer to repurchase for cash all of such Holder’s Notes, or any portion of the principal thereof that is equal to $25 1,000 principal amount or an integral a multiple of $25 1,000 principal amount, on the date (the “Fundamental Change Repurchase Date”) specified by the Company Issuer that is not less than 20 calendar days or more than 35 calendar days following the date of the Fundamental Change Company Issuer Notice at a repurchase price equal to 101100% of the principal amount of the Notes to be repurchased, together with plus accrued and unpaid interest to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”); provided that if the Fundamental Change Repurchase Date falls after a Regular Record Date but on or prior to the Interest Payment Date to which such Regular Record Date relates, then any such the Issuer shall instead pay the full amount of accrued and unpaid interest shall be paid not to the Holders Holder of the Notes submitting the Notes for repurchase record on the Fundamental Change Repurchase Date but instead to the Holders of such Notes at the close of business on the Regular Record Date, and the Fundamental Change Repurchase Price shall be equal to 101100% of the principal amount of Notes to be repurchased pursuant to this Article 9.

Appears in 1 contract

Samples: Affymetrix Inc

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Repurchase at Option of Holders of the Notes Upon a Fundamental Change. (a) If a Fundamental Change occurs at any time, each Holder of the Notes shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s Notes, or any portion of the principal thereof that is equal to $25 1,000 principal amount or an integral multiple of $25 1,000 principal amount, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 calendar days or more than 35 calendar days following the date of the Fundamental Change Company Notice Notice, subject to extension if necessary to comply with applicable securities laws, at a repurchase price equal to 101100% of the principal amount of the Notes to be repurchased, together with plus accrued and unpaid interest to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”); provided that if the Fundamental Change Repurchase Date falls after a Regular Record Date but on or prior to the Interest Payment Date to which such Regular Record Date relates, then any such the Company shall instead pay the full amount of accrued and unpaid interest shall be paid not to the Holders Holder of the Notes submitting the Notes for repurchase record on the Fundamental Change Repurchase Date but instead to the Holders of such Notes at the close of business on the Regular Record Date, and the Fundamental Change Repurchase Price shall be equal to 101100% of the principal amount of Notes to be repurchased pursuant to this Article 9IX.

Appears in 1 contract

Samples: Indenture (Radian Group Inc)

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