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) If a Fundamental Change occurs, each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s Securities, or any portion thereof that is equal to or an integral multiple of $1,000 principal amount, at a repurchase price equal to 100% of the principal amount of the Securities repurchased, plus accrued and unpaid Interest and accrued and unpaid Additional Amounts, if any, on those Securities (the “Fundamental Change Repurchase Price”) to, but not including, the date that is 30 calendar days following the date of the notice of a Fundamental Change mailed by the Company pursuant to Section 3.02(b) (the “Fundamental Change Repurchase Date”), subject to satisfaction by or on behalf of the Holder of the requirements set forth in Section 3.02(c). If the Fundamental Change Repurchase Date is on a date that is after an Interest Record Date and on or prior to the corresponding Interest Payment Date, the Fundamental Change Repurchase Price shall be 100% of the principal amount of the Securities repurchased and shall include accrued and unpaid Interest and accrued and unpaid Additional Amounts, if any, to, but not including, the Fundamental Change Repurchase Date.

Appears in 1 contract

Samples: Indenture (Charming Shoppes Inc)

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Repurchase of Securities at Option of the Holder upon a Fundamental Change. (a) If a Fundamental Change occurs, each Holder shall have the right, at such Holder’s 's option, to require the Company to repurchase for cash all of such Holder’s Securities's Securities not previously called for redemption by the Company, or any portion thereof that is equal to or an integral multiple of $1,000 principal amount, at a repurchase price equal to 100% of the principal amount of the Securities repurchasedthose Securities, plus accrued and unpaid Interest and accrued and unpaid Additional AmountsInterest, if any, on those Securities (the "Fundamental Change Repurchase Price") to, but not including, the date that is 30 calendar days specified by the Company and is not later than 20 Business Days following the date of the notice of a Fundamental Change mailed by the Company pursuant to Section 3.02(b3.08(b) (the "Fundamental Change Repurchase Date"), subject to satisfaction by or on behalf of the Holder of the requirements set forth in Section 3.02(c3.08(c). If ; provided that if the Fundamental Change Repurchase Date is on a date that is after an Interest Record Date and on or prior to the corresponding Interest Payment Date, the Fundamental Change Repurchase Price shall be 100% of the principal amount of the Securities repurchased and but shall not include accrued and unpaid Interest and accrued and unpaid Additional AmountsInterest, if any. Instead, the Company shall pay such Interest and Additional Interest, if any, to, but not including, on the Fundamental Change Repurchase Interest Payment Date to the Holder of Record on the corresponding Interest Record Date.

Appears in 1 contract

Samples: Invacare Corp

Repurchase of Securities at Option of the Holder upon a Fundamental Change. (a) If a Fundamental Change occursoccurs (subject to certain exceptions set forth below), each Holder Securities not previously called for redemption or repurchased by the Company or converted by Holders shall have be repurchased by the rightCompany, at such Holder’s option, to require the Company to repurchase for cash all option of such Holder’s Securities, or any portion thereof that is equal to or an integral multiple of $1,000 principal amountthe Holder thereof, at a repurchase purchase price in cash equal to 100% of the principal amount of the Securities repurchasedthose Securities, plus any accrued and unpaid Interest Interest, the Make-Whole Premium, if any, and accrued and unpaid Additional AmountsLiquidated Damages, if any, on those Securities (the "Fundamental Change Repurchase Price") to, but not including, the date that is 30 calendar days following the date of the notice of a Fundamental Change mailed by the Company pursuant to Section 3.02(b3.08(b) (the "Fundamental Change Repurchase Date"), subject to satisfaction by or on behalf of the Holder of the requirements set forth in Section 3.02(c3.08(c). If the Fundamental Change Repurchase Date is on a date that is falls after an Interest Record Date and on or prior to the corresponding related Interest Payment Date, the Fundamental Change Repurchase Price shall be only 100% of the principal amount of those Securities and the Securities repurchased and Company shall include pay such accrued and unpaid Interest and accrued and unpaid Additional Amountsthe Make-Whole Premium, if any, toto the record holder of the Securities on such Interest Payment Date. A "Fundamental Change" will, but not includingsubject to the terms of this Indenture, be deemed to have occurred upon a Change of Control or a Termination of Trading. A "Change of Control" will be deemed to have occurred at such time after the Fundamental Change Repurchase Date.original issuance of the Securities when any of the following has occurred:

Appears in 1 contract

Samples: Ocwen Financial Corp

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Repurchase of Securities at Option of the Holder upon a Fundamental Change. (a) If a Fundamental Change occurs, each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesSecurities not previously called for redemption by the Company, or any portion thereof that is equal to or an integral multiple of $1,000 principal amountOriginal Principal Amount, at a repurchase price equal to 100% of the principal amount Accreted Principal Amount of the Securities repurchasedthose Securities, plus accrued and unpaid Interest and accrued and unpaid Additional Amounts, if any, on the Original Principal Amount of those Securities (the “Fundamental Change Repurchase Price”) up to, but not including, the date (the “Fundamental Change Repurchase Date”) that is 30 calendar days 20 Business Days following the date of the notice of a Fundamental Change mailed by the Company pursuant to Section 3.02(b3.08(b) (the “Fundamental Change Repurchase DatePrice”), subject to satisfaction by or on behalf of the Holder of the requirements set forth in Section 3.02(c3.08(c). If ; provided that if the Fundamental Change Repurchase Date is on a date that is after an Interest Record Date and on or prior to the corresponding Interest Payment Date, the Fundamental Change Repurchase Price shall be 100% of the principal amount Accreted Principal Amount of the Securities repurchased and but shall not include accrued and unpaid Interest and accrued and unpaid Additional Amounts, if any, to, but not includingInterest. Instead, the Fundamental Change Repurchase Company shall pay such Interest on the Interest Payment Date to the Holder of Record on the corresponding Interest Record Date.

Appears in 1 contract

Samples: School Specialty Inc

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