Common use of Repurchase of Securities at Option of the Holder upon a Fundamental Change Clause in Contracts

Repurchase of Securities at Option of the Holder upon a Fundamental Change. (a) In the event a Fundamental Change shall occur at any time when any Securities remain outstanding, each Holder shall have the right, at such Holder’s option, to require the Company to purchase all of such Holders’ Securities not called for redemption or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple thereof on a date specified by the Company (the “Fundamental Change Purchase Date”, together with the Specified Repurchase Dates, the “Repurchase Dates”) that is 30 Business Days after the date the on which the Fundamental Change occurs (or on which the transaction constituting the Fundamental Change becomes effective), at a purchase price in cash equal to 100% of the principal amount of the Securities tendered for purchase, plus accrued and unpaid interest, if any, including Contingent Interest, if any, on those Securities to, but excluding, the Fundamental Change Purchase Date (the “Fundamental Change Purchase Price”), subject to satisfaction by or on behalf of any Holder of the requirements set forth in Section 3.08(c); provided that if the Fundamental Change Purchase Date is on a date that is after a Regular Record Date and on or prior to the corresponding Interest Payment Date, the Fundamental Change Purchase Price shall be 100% of the principal amount of the Securities repurchased but shall not include accrued and unpaid interest, if any, including Contingent Interest, if any. Instead, the Company shall pay such accrued and unpaid interest, if any, including Contingent Interest, if any, on the Interest Payment Date, to the Holder of record at the Close of Business on the corresponding Regular Record Date.

Appears in 3 contracts

Samples: Indenture (Osi Pharmaceuticals Inc), Satisfaction and Discharge of Indenture (Lincare Holdings Inc), Indenture (Lincare Holdings Inc)

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Repurchase of Securities at Option of the Holder upon a Fundamental Change. (a) In the event a Fundamental Change shall occur at any time when any Securities remain outstanding, each Holder shall have the right, at such Holder’s option, to require the Company to purchase for cash any or all of such Holders’ Securities not called for redemption Securities, or any portion of the principal amount thereof thereof, that is equal to (x) $1,000 or an integral multiple thereof for Securities denominated in $1,000 increments and (y) $1.00 or an integral multiple thereof for Securities denominated in $1.00 increments, on a date specified by the Company (the “Fundamental Change Purchase Date”, together with the Specified Repurchase Dates, the “Repurchase Dates”) that is 30 Business Days after no earlier than the 20th calendar day following the date of, and no later than the on which 35th calendar day following the date of, delivery of the Fundamental Change occurs Company Notice (or on which the transaction constituting the Fundamental Change becomes effective), as defined below) at a purchase price in cash equal to 100% of the principal amount of the Securities tendered for purchase, plus accrued and unpaid interest, if any, interest (including Contingent Additional Interest and Special Interest), if any, on those Securities to, but excluding, the Fundamental Change Purchase Date (the “Fundamental Change Purchase Price”), subject to satisfaction by or on behalf of any Holder of the requirements set forth in Section 3.08(c3.01(c); provided that if the Fundamental Change Purchase Date is on a date that is after a Regular Record Date and on or prior to the corresponding Interest Payment Date, the Fundamental Change Purchase Price shall be 100% of the principal amount of the Securities repurchased but shall not include accrued and unpaid interest, if any, interest (including Contingent Additional Interest and Special Interest), if any. Instead, the Company shall pay such accrued and unpaid interest, if any, interest (including Contingent Additional Interest and Special Interest), if any, on the Interest Payment Date, to the Holder of record at the Close close of Business business on the corresponding Regular Record Date.

Appears in 3 contracts

Samples: Indenture (Emergent Capital, Inc.), Indenture (Emergent Capital, Inc.), Indenture (Emergent Capital, Inc.)

Repurchase of Securities at Option of the Holder upon a Fundamental Change. (a) In the event a Fundamental Change shall occur at any time when any Securities remain outstanding, each Holder shall have the right, at such Holder’s option, to require the Company to purchase for cash any or all of such Holders’ Securities not called for redemption Securities, or any portion of the principal amount thereof thereof, that is equal to $1,000 or an integral multiple thereof on a date specified by the Company (the “Fundamental Change Purchase Date”, together with the Specified Repurchase Dates, the “Repurchase Dates”) that is 30 Business Days after no earlier than the 20th calendar day following the date of, and no later than the on which 35th calendar day following the date of, delivery of the Fundamental Change occurs Company Notice (or on which the transaction constituting the Fundamental Change becomes effective), as defined below) at a purchase price in cash equal to 100% of the principal amount of the Securities tendered for purchase, plus accrued and unpaid interest, if any, interest (including Contingent Additional Interest and Special Interest), if any, on those Securities to, but excluding, the Fundamental Change Purchase Date (the “Fundamental Change Purchase Price”), subject to satisfaction by or on behalf of any Holder of the requirements set forth in Section 3.08(c3.01(c); provided that if the Fundamental Change Purchase Date is on a date that is after a Regular Record Date and on or prior to the corresponding Interest Payment Date, the Fundamental Change Purchase Price shall be 100% of the principal amount of the Securities repurchased but shall not include accrued and unpaid interest, if any, interest (including Contingent Additional Interest and Special Interest), if any. Instead, the Company shall pay such accrued and unpaid interest, if any, interest (including Contingent Additional Interest and Special Interest), if any, on the Interest Payment Date, to the Holder of record at the Close close of Business business on the corresponding Regular Record Date.

Appears in 2 contracts

Samples: Indenture (Imperial Holdings, Inc.), Indenture (Stewart Information Services Corp)

Repurchase of Securities at Option of the Holder upon a Fundamental Change. (a) In the event a Fundamental Change shall occur at any time when any Securities remain outstanding, each Holder shall have the right, at such Holder’s option, to require the Company to purchase all of such Holders’ Securities not called for redemption or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple thereof on a date specified by the Company (the “Fundamental Change Purchase Date”, together with the Specified Repurchase Dates, the “Repurchase Dates”) that is 30 Business Days after no earlier than the 20th calendar day following the date of, and no later than the on which 35th calendar day following the date of, delivery of the Fundamental Change occurs Company Notice (or on which the transaction constituting the Fundamental Change becomes effective), as defined below) at a purchase price in cash equal to 100% of the principal amount of the Securities tendered for purchase, plus accrued and unpaid interest, if any, interest (including Contingent Special Interest), if any, on those Securities to, but excluding, the Fundamental Change Purchase Date (the “Fundamental Change Purchase Price”), subject to satisfaction by or on behalf of any Holder of the requirements set forth in Section 3.08(c); provided that if the Fundamental Change Purchase Date is on a date that is after a Regular Record Date and on or prior to the corresponding Interest Payment Date, the Fundamental Change Purchase Price shall be 100% of the principal amount of the Securities repurchased but shall not include accrued and unpaid interest, if any, interest (including Contingent Special Interest), if any. Instead, the Company shall pay such accrued and unpaid interest, if any, interest (including Contingent Special Interest), if any, on the Interest Payment Date, to the Holder of record at the Close close of Business business on the corresponding Regular Record Date.

Appears in 1 contract

Samples: Indenture (Steel Dynamics Inc)

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Repurchase of Securities at Option of the Holder upon a Fundamental Change. (a) In the event If a Fundamental Change shall occur at any time when any Securities remain outstandingoccurs, each Holder shall have the right, at such Holder’s 's option, to require the Company to purchase repurchase for cash all of such Holders’ Holder's Securities not previously called for redemption by the Company, or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple thereof on a date specified by the Company (the “Fundamental Change Purchase Date”, together with the Specified Repurchase Dates, the “Repurchase Dates”) that is 30 Business Days after the date the on which the Fundamental Change occurs (or on which the transaction constituting the Fundamental Change becomes effective)of $1,000 principal amount, at a purchase repurchase price in cash equal to 100% of the principal amount of the Securities tendered for purchasethose Securities, plus accrued and unpaid interestInterest, accrued and unpaid Contingent Interest, if any, including Contingent Interestand accrued and unpaid Additional Amounts, if any, on those Securities (the "FUNDAMENTAL CHANGE REPURCHASE PRICE") to, but excludingnot including, the date that is 30 days following the date of the notice of a Fundamental Change Purchase Date mailed by the Company pursuant to Section 3.08(b) (the “Fundamental Change Purchase Price”"FUNDAMENTAL CHANGE REPURCHASE DATE"), subject to satisfaction by or on behalf of any the Holder of the requirements set forth in Section 3.08(c); provided that if the Fundamental Change Purchase Repurchase Date is on a date that is after a Regular an Interest Record Date and on or prior to the corresponding Interest Payment Date, the Fundamental Change Purchase Repurchase Price shall be 100% of the principal amount of the Securities repurchased but shall not include accrued and unpaid interestInterest, accrued and unpaid Contingent Interest, if any, including Contingent Interestand Additional Amounts, if any. Instead, the Company shall pay such accrued and unpaid interestInterest, Contingent Interest, if any, including Contingent Interestand Additional Amounts, if any, on the Interest Payment Date, Date to the Holder of record at the Close of Business Record on the corresponding Regular Interest Record Date.

Appears in 1 contract

Samples: CBIZ, Inc.

Repurchase of Securities at Option of the Holder upon a Fundamental Change. (a) In the event a Fundamental Change shall occur at any time when any Securities remain outstanding, each Holder shall have the right, at such Holder’s option, to require the Company to purchase all of such Holders’ Securities not called for redemption or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple thereof on a date specified by the Company (the “Fundamental Change Purchase Date”, together with the Specified Repurchase Dates, the “Repurchase Dates”) that is 30 Business Days after no earlier than the 20th calendar day following the date of, and no later than the on which 35th calendar day following the date of, delivery of the Fundamental Change occurs Company Notice (or on which the transaction constituting the Fundamental Change becomes effective), as defined below) at a purchase price in cash equal to 100% of the principal amount of the Securities tendered for purchase, plus accrued and unpaid interest, if any, interest (including Contingent Additional Interest and Special Interest), if any, on those Securities to, but excluding, the Fundamental Change Purchase Date (the “Fundamental Change Purchase Price”), subject to satisfaction by or on behalf of any Holder of the requirements set forth in Section 3.08(c); provided that if the Fundamental Change Purchase Date is on a date that is after a Regular Record Date and on or prior to the corresponding Interest Payment Date, the Fundamental Change Purchase Price shall be 100% of the principal amount of the Securities repurchased but shall not include accrued and unpaid interest, if any, interest (including Contingent Additional Interest and Special Interest), if any. Instead, the Company shall pay such accrued and unpaid interest, if any, interest (including Contingent Additional Interest and Special Interest), if any, on the Interest Payment Date, to the Holder of record at the Close close of Business business on the corresponding Regular Record Date.

Appears in 1 contract

Samples: Indenture (Comtech Telecommunications Corp /De/)

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