Repurchase Right. (a) If, at any time prior to May 1, 2005 there shall occur a Repurchase Event, then each Noteholder shall have the right, at such holder's option, to require the Company to repurchase all of such holder's Notes, or any portion thereof (in principal amounts of $1,000 or integral multiples thereof), on the date (the "repurchase date") that is forty (40) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 40th day is not a Business Day, the next succeeding Business Day). Such repurchase shall be made in cash at a price equal to 100% of the principal amount of Notes such holder elects to require the Company to repurchase, together with accrued interest, if any, to the repurchase date (the "Repurchase Price") (or, at the option of the Company, by delivery of Common Stock in accordance with the provisions of Section 16.3); provided, however, that if such repurchase date is May 1 or November 1, then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding April 15 or October 15, respectively. No Notes may be redeemed at the option of holders upon a Repurchase Event if there has occurred and is continuing an Event of Default, other than a default in the payment of the Repurchase Price with respect to such Notes on the repurchase date.
Appears in 2 contracts
Sources: Indenture (Financial Federal Corp), Indenture (Financial Federal Corp)
Repurchase Right. (a) If, at any time prior to May 1June 15, 2005 2007 there shall occur a Repurchase Event, then each Noteholder shall have the right, at such holder's option, to require the Company to repurchase all of such holder's Notes, or any portion thereof (in principal amounts of $1,000 or integral multiples thereof), on the date (the "repurchase date") that is forty thirty (4030) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 40th 30th day is not a Business Day, the next succeeding Business Day). Such repurchase shall be made in cash at a price equal to 100105% of the principal amount of Notes such holder elects to require the Company to repurchase, together with accrued interest, if any, to the repurchase date (the "Repurchase Price") (or, at the option of the Company, by delivery of Common Stock in accordance with the provisions of Section 16.3); provided, however, that if such repurchase date is May 1 June 15 or November 1, December 15 then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding April 15 June 1 or October 15December 1, respectively. No Notwithstanding anything in this Article XVI to the contrary, if a redemption date pursuant to Article III shall occur prior to any repurchase date established pursuant to a Company Notice under Section 16.2, provided that the Company shall have deposited or set aside an amount of money sufficient to redeem such Notes may as set forth in Section 3.2 on or before such repurchase date, all such Notes shall be redeemed at the option of holders upon a Repurchase Event if there has occurred pursuant to Article III and is continuing an Event of Default, other than a default in the payment of the Repurchase Price with respect to such Notes on the repurchase daterights hereunder shall have no effect.
Appears in 2 contracts
Sources: Indenture (Electroglas Inc), Indenture (Electroglas Inc)
Repurchase Right. (a) If, at any time prior to May 1June 10, 2005 2009 there shall occur a Repurchase EventEvent (as defined in Section 16.3), then each Noteholder holder shall have the right, at such holder's option, to require the Company to repurchase all of such holder's Notes, or any portion thereof (in principal amounts of One Thousand United States Dollars ($1,000 1,000) or integral multiples thereof), on the date (the "repurchase date") that is forty (40) calendar days after the date of the Company Notice (as defined in Section 16.2 16.2(a) below) of such Repurchase Event (or, if such 40th day is not a Business Day, the next succeeding Business Day). Such If the Repurchase Event occurs (i) prior to or on June 10, 2006, such repurchase shall be made in cash at a price equal to 100one hundred and fifteen percent (115%) of the principal amount of Notes such holder elects to require the Company to repurchase, (ii) after June 10, 2006 but prior to or on June 10, 2008, such repurchase shall be made in cash at a price equal to 110% of the principal amount of Notes such holder elects to require the Company to repurchase and (iii) after June 10, 2008, but prior to or on June 10, 2009, such repurchase shall be made in cash at a price equal to 105% of the principal amount of Notes such holder elects to require the Company to repurchase, together together, in each case, with accrued interest, if any, to the applicable repurchase date (the "Repurchase Price") (or, at ). If the option of the Company, by delivery of Common Stock in accordance with the provisions of Section 16.3); provided, however, that if such repurchase date is May 1 or November 1prior to June 10, then 2007, the Company shall make an additional payment in cash to each holder of Notes with respect to the Notes repurchased, in an amount equal to $135 per each One Thousand United States Dollars ($1,000) principal amount of the Note (the "Additional Repurchase Payment"), less the amount of any interest actually paid on the Note prior to the repurchase date (and, if the Note is repurchased between a record date and the next Interest Payment Date, less interest payable on such date shall be paid to the holder of record each One Thousand United States Dollars ($1,000) principal amount of the Note on such next Interest Payment Date). Notwithstanding anything in this Article XVI to the next preceding April 15 contrary, if a redemption date pursuant to Article III shall occur prior to any repurchase date established pursuant to a Company Notice under Section 16.2, provided that the Company shall have deposited or October 15set aside an amount of money sufficient to redeem such Notes as set forth in Section 3.2 on or before such repurchase date, respectively. No all such Notes may shall be redeemed at the option of holders upon a Repurchase Event if there has occurred pursuant to Article III and is continuing an Event of Default, other than a default in the payment of the Repurchase Price with respect to such Notes on the repurchase daterights hereunder shall have no effect.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Rockford Corp), Indenture (Rockford Corp)
Repurchase Right. (a) If, at any time prior to May 1August 7, 2005 2008 there shall occur a Repurchase Event, then each Noteholder shall have the right, at such holder's option, to require the Company to repurchase all of such holder's Notes, or any portion thereof (in principal amounts of $1,000 or integral multiples thereof), on the date (the "repurchase date") that is forty thirty (4030) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 40th 30th day is not a Business Day, the next succeeding Business Day). Such If the Repurchase Event occurs (i) prior to or on August 7, 2004, such repurchase shall be made in cash at a price equal to 100115% of the principal amount of Notes such holder elects to require the Company to repurchase, together (ii) after August 7, 2004 but prior to or on August 7, 2006, such repurchase shall be made in cash at a price equal to 110% of the principal amount of Notes such holder elects to require the Company to repurchase and (iii) after August 7, 2006, but prior to or on August 7, 2008, such repurchase shall be made in cash at a price equal to 105% of the principal amount of Notes such holder elects to require the Company to repurchase, together, in each case, with accrued interest, if any, to the applicable repurchase date (the "Repurchase Price") (or, at the option of the Company, by delivery of Common Stock in accordance with the provisions of Section 16.3)date; provided, however, that if such repurchase date is May 1 or November 1an interest payment date, then the interest payable becoming due on such date shall be paid payable to the holder holders of record of the such Note registered as such on the next preceding April 15 relevant record date subject to the terms and provisions of Section 2.3. Notwithstanding anything in this Article XVI to the contrary, if a redemption date pursuant to Article III shall occur prior to any repurchase date established pursuant to a Company Notice under Section 16.2, provided that the Company shall have deposited or October 15set aside an amount of money sufficient to redeem such Notes as set forth in Section 3.2 on or before such repurchase date, respectively. No all such Notes may shall be redeemed at the option of holders upon a Repurchase Event if there has occurred pursuant to Article III and is continuing an Event of Default, other than a default in the payment of the Repurchase Price with respect to such Notes on the repurchase daterights hereunder shall have no effect.
Appears in 1 contract
Sources: Indenture (Dave & Busters Inc)
Repurchase Right. (a) If, at any time prior to May 1August 15, 2005 2006 ---------------- there shall occur a Repurchase Event, then each Noteholder shall have the right, at such holder's option, to require the Company to repurchase all of such holder's Notes, or any portion thereof (in principal amounts of $1,000 or integral multiples thereof), on the date (the "repurchase date") that is forty (40) calendar -72- days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 40th day is not a Business Day, the next succeeding Business Day). Such repurchase shall be made in cash at a price equal to 100110% of the principal amount of Notes such holder elects to require the Company to repurchase, together with accrued interest, if any, to the repurchase date (the "Repurchase Price") (or, at the option of the Company, by delivery of Common Stock in accordance with the provisions of Section 16.3); provided, however, that if such repurchase date -------- ------- is May 1 August 15 or November 1, February 15 then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding April August 15 or October February 15, respectively. No Notwithstanding anything in this Article XVI to the contrary, if a redemption date pursuant to Article III shall occur prior to any repurchase date established pursuant to a Company Notice under Section 16.2 hereof, provided that the Company shall have deposited or set aside an amount of money sufficient to redeem such Notes may as set forth in Section 3.2 on or before such repurchase date, all such Notes shall be redeemed at the option of holders upon a Repurchase Event if there has occurred pursuant to Article III and is continuing an Event of Default, other than a default in the payment of the Repurchase Price with respect to such Notes on the repurchase daterights hereunder shall have no effect.
Appears in 1 contract
Sources: Indenture (Tivo Inc)
Repurchase Right. (a) If, at any time prior to May 1December , 2005 2009 there shall occur a Repurchase Event, then each Noteholder shall have the right, at such holder's option, to require the Company to repurchase all of such holder's Notes, or any portion thereof (in principal amounts of $1,000 or integral multiples thereof), on the date (the "repurchase dateRepurchase Date") that is forty (40) calendar days after the date of the Company Notice (as defined in Section 16.2 16.2(b) below) of such Repurchase Event (or, if such 40th day is not a Business Day, the next succeeding Business Day). Such repurchase shall be made in cash at a price equal to 100105% of the principal amount of Notes such holder elects to require the Company to repurchase, together with accrued and unpaid interest, if any, up to but excluding the repurchase date (the "Repurchase Price") (or, at the option of the Company, by delivery of Common Stock in accordance with the provisions of Section 16.3); ) provided, however, that if such repurchase date Repurchase Date is May 1 June or November 1December , then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding April 15 June or October 15December , respectively. No Notes may be redeemed at the option of holders upon a Repurchase Event if there has occurred and is continuing an Event of Default, other than a default in the payment of the Repurchase Price with respect to such Notes on the repurchase dateRepurchase Date.
Appears in 1 contract
Sources: Indenture (Alkermes Inc)
Repurchase Right. (a) If, at any time prior to May 1[____________ ___, 2005 2009] there shall occur a Repurchase Event, then each Noteholder shall have the right, at such holder's option, to require the Company to repurchase all of such holder's Notes, or any portion thereof (in principal amounts of $1,000 or integral multiples thereof), on the date (the "repurchase date") that is forty (40) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 40th day is not a Business Day, the next succeeding Business Day). Such repurchase shall be made in cash at a price equal to 100105% of the principal amount of Notes such holder elects to require the Company to repurchase, together with accrued interest, if any, to the repurchase date (the "Repurchase Price") (or, at the option of the Company, by delivery of Common Stock in accordance with the provisions of Section 16.3); providedPROVIDED, howeverHOWEVER, that if such repurchase date is May 1 [__________ or November 1, __________] then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding April 15 [__________ or October 15____________], respectively. No Notes may be redeemed at the option of holders upon a Repurchase Event if there has occurred and is continuing an Event of Default, other than a default in the payment of the Repurchase Price with respect to such Notes on the repurchase date.
Appears in 1 contract
Sources: Indenture (Ibasis Inc)
Repurchase Right. (a) If, at any time prior to May 1June 18, 2005 2007 there shall occur a Repurchase Event, then each Noteholder shall have the right, at such holder's option, to require the Company to repurchase all of such holder's Notes, or any portion thereof (in principal amounts of $1,000 or integral multiples thereof), on the date (the "repurchase dateRepurchase Date") that is forty (40) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 40th day is not a Business Day, the next succeeding Business Day). Such repurchase shall be made in cash Cash at a price equal to 100105% of the principal amount of Notes such holder elects to require the Company to repurchase, together with accrued interest, if any, to the repurchase date Repurchase Date (the "Repurchase Price") (or, at the option of the Company, by delivery of Common Stock in accordance with the provisions of Section 16.3); providedPROVIDED, howeverHOWEVER, that if such repurchase date Repurchase Date is May 1 June 15 or November 1, December 15 then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding April June 15 or October December 15, respectively. No Notes may be redeemed at the option of holders upon a Repurchase Event if there has occurred and is continuing an Event of Default, other than a default in the payment of the Repurchase Price with respect to such Notes on the repurchase dateRepurchase Date.
Appears in 1 contract
Sources: Indenture (Ibasis Inc)
Repurchase Right. (a) If, at any time prior to May April 1, 2005 2006 there shall occur a Repurchase Event, then each Noteholder shall have the right, at such holder's option, to require the Company to repurchase all of such holder's Notes, or any portion thereof (in principal amounts of $1,000 or integral multiples thereof), on the date (the "repurchase date") that is forty (40) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 40th day is not a Business Day, the next succeeding Business Day). Such repurchase shall be made in cash at a price equal to 100% of the principal amount of Notes such holder elects to require the Company to repurchase, together with accrued interest, if any, to the repurchase date (the "Repurchase Price") (or, at the option of the Company, by delivery of Common Stock in accordance with the provisions of Section 16.3); provided, however, that if such repurchase date is May April 1 or November 1, October 1 then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding April March 15 or October September 15, respectively. No Notes may be redeemed at the option of holders upon a Repurchase Event if there has occurred and is continuing an Event of Default, other than a default in the payment of the Repurchase Price with respect to such Notes on the repurchase date.
Appears in 1 contract
Sources: Indenture (Sportsline Usa Inc)
Repurchase Right. (a) If, at any time prior to May 1June 18, 2005 2009 there shall occur a Repurchase Event, then each Noteholder shall have the right, at such holder's option, to require the Company to repurchase all of such holder's Notes, or any portion thereof (in principal amounts of $1,000 or integral multiples thereof), on the date (the "repurchase date") that is forty (40) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 40th day is not a Business Day, the next succeeding Business Day). Such repurchase shall be made in cash at a price equal to 100105% of the principal amount of Notes such holder elects to require the Company to repurchase, together with accrued interest, if any, to the repurchase date (the "Repurchase Price") (or, at the option of the Company, by delivery of Common Stock in accordance with the provisions of Section 16.3); providedPROVIDED, howeverHOWEVER, that if such repurchase date is May 1 June 15 or November 1, December 15 then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding April June 15 or October December 15, respectively. No Notes may be redeemed at the option of holders upon a Repurchase Event if there has occurred and is continuing an Event of Default, other than a default in the payment of the Repurchase Price with respect to such Notes on the repurchase date.
Appears in 1 contract
Sources: Indenture (Ibasis Inc)
Repurchase Right. (a) IfIn the event that a Change in Control shall occur, at any time prior to May 1, 2005 there shall occur a Repurchase Event, then each Noteholder Holder shall have the rightright (the “Repurchase Right”), at such holder's option, the Holder’s option to require the Company to repurchase repurchase, and upon the exercise of such right the Company shall repurchase, all of such holder's NotesHolder’s Notes not theretofore called for redemption, or any portion of the principal amount thereof (in principal amounts of that is equal to $1,000 or an integral multiples multiple thereof (provided that no single Note may be repurchased in part unless the portion of the principal amount of such Note to be Outstanding after such repurchase is equal to $1,000 or an integral multiple thereof), on the a date (the "repurchase date"“Repurchase Date”) that is forty (40) calendar less than 45 days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 40th day is not a Business Day, the next succeeding Business Day). Such repurchase shall be made in cash at a purchase price equal to 100% (expressed as percentages of the principal amount of the Notes such holder elects to require be repurchased) (the Company “Repurchase Price”) set forth below, plus interest accrued and unpaid to, but excluding, the Repurchase Date: Repurchase Price Prior to repurchaseAugust 31, together with accrued interest2004 110.0% September 1, if any2004 to August 31, 2005 107.5% September 1, 2005 to August 31, 2008 105.0% Notwithstanding the foregoing, installments of interest on Notes whose stated maturity is prior to or on the Repurchase Date shall be payable to the repurchase date (the "Repurchase Price") (orHolders of such Notes, or one or more Predecessor Notes, registered as such at the option close of business on the Company, by delivery of Common Stock in accordance with relevant Record Date according to their terms and the provisions of Section 16.3); provided, however, that if such repurchase date is May 1 or November 1, then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding April 15 or October 15, respectively. No Notes may be redeemed at the option of holders upon a Repurchase Event if there has occurred and is continuing an Event of Default, other than a default in the payment of the Repurchase Price with respect to such Notes on the repurchase date2.1 hereof.
Appears in 1 contract
Sources: Indenture (Ciphergen Biosystems Inc)
Repurchase Right. (a) If, at any time prior to May 1March 26_, 2005 2027 there shall occur a Repurchase EventEvent (as defined in Section 16.3), then each Noteholder holder shall have the right, at such holder's ’s option, to require the Company to repurchase all of such holder's ’s Notes, or any portion thereof (in principal amounts of One Thousand United States Dollars ($1,000 1,000) or integral multiples thereof), on the date set by the Company (the "repurchase date"a “Repurchase Date”) that is no less than thirty (30) and no more than forty (40) calendar days after the date of the Company Notice (as defined in Section 16.2 16.2(a) below) delivered following the occurrence of such Repurchase Event (or, if such 40th day is not a Business Day, the next succeeding Business Day). Such repurchase shall be made in cash at a price equal to 100% of the principal amount of Notes such holder elects to require the Company to repurchaserepurchase together, together in each case, with accrued interest, if any, to to, but excluding, the repurchase date applicable Repurchase Date (the "“Repurchase Price") (or”). In addition, Notes shall be purchased by the Company at the option of the Companyholder on March 26, by delivery 2011, March 26, 2016 and March 26, 2021 (each, also a “Repurchase Date”), at the Repurchase Price. Notwithstanding anything in this Article XVI to the contrary, if a redemption date pursuant to Article III shall occur prior to any Repurchase Date established pursuant to a Company Notice under Section 16.2, provided that the Company shall have deposited or set aside an amount of Common Stock money sufficient to redeem such Notes as set forth in accordance with the provisions of Section 16.3); provided, however, that if 3.2 on or before such repurchase date is May 1 or November 1date, then the interest payable on all such date Notes shall be paid redeemed pursuant to the holder of record of the Note on the next preceding April 15 or October 15, respectively. No Notes may be redeemed at the option of holders upon a Repurchase Event if there has occurred Article III and is continuing an Event of Default, other than a default in the payment of the Repurchase Price with respect to such Notes on the repurchase daterights hereunder shall have no effect.
Appears in 1 contract
Sources: Indenture (Electroglas Inc)
Repurchase Right. (a) If, at any time prior to May 1March 15, 2005 there shall occur a Repurchase Event, then each Noteholder shall have the right, at such holder's option, to require the Company to repurchase all of such holder's Notes, or any portion thereof (in principal amounts of $1,000 or integral multiples thereof), on the date (the "repurchase date") that is forty (40) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 40th day is not a Business Day, the next succeeding Business Day). Such repurchase shall be made in cash at a price equal to 100105% of the principal amount of Notes such holder elects to require the Company to repurchase, together with accrued interest, if any, to the repurchase date (the "Repurchase Price") (or, at the option of the Company, by delivery of Common Stock in accordance with the provisions of Section 16.3); providedPROVIDED, howeverHOWEVER, that if such repurchase date is May 1 March 15 or November 1, September 15 then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding April 15 March 1 or October 15September 1, respectively. No Notes may be redeemed at the option of holders upon a Repurchase Event if there has occurred and is continuing an Event of Default, other than a default in the payment of the Repurchase Price with respect to such Notes on the repurchase date.
Appears in 1 contract
Sources: Indenture (Ibasis Inc)
Repurchase Right. (a) If, at any time prior to May 1February 15, 2005 2007 there shall occur a Repurchase Event, then each Noteholder shall have the right, at such holder's option, to require the Company to repurchase all of such holder's Notes, or any portion thereof (in principal amounts of $1,000 or integral multiples thereof), on the date (the "repurchase date") that is forty (40) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 40th day is not a Business Day, the next succeeding Business Day). Such repurchase shall be made in cash at a price equal to 100105% of the principal amount of Notes such holder elects to require the Company to repurchase, together with accrued interest, if any, to but excluding the repurchase date (the "Repurchase Price") (or, at the option of the Company, by delivery of Common Stock in accordance with the provisions of Section 16.3); provided, however, that if such repurchase date is May 1 February 15 or November 1, August 15 then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding April 15 February 1 or October 15August 1, respectively. No Notes may be redeemed at the option of holders upon a Repurchase Event if there has occurred and is continuing an Event of Default, other than a default in the payment of the Repurchase Price with respect to such Notes on the repurchase date.
Appears in 1 contract
Sources: Indenture (Alkermes Inc)
Repurchase Right. (a) If, at any time prior to May 1August 15, 2005 2006 there shall occur a Repurchase Event, then each Noteholder shall have the right, at such holder's option, to require the Company to repurchase all of such holder's Notes, or any portion thereof (in principal amounts of $1,000 or integral multiples thereof), on the date (the "repurchase date") that is forty (40) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 40th day is not a Business Day, the next succeeding Business Day). Such repurchase shall be made in cash at a price equal to 100110% of the principal amount of Notes such holder elects to require the Company to repurchase, together with accrued interest, if any, to the repurchase date (the "Repurchase Price") (or, at the option of the Company, by delivery of Common Stock in accordance with the provisions of Section 16.3); provided, however, that if such repurchase date is May 1 August 15 or November 1, February 15 then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding April August 15 or October February 15, respectively. No Notwithstanding anything in this Article XVI to the contrary, if a redemption date pursuant to Article III shall occur prior to any repurchase date established pursuant to a Company Notice under Section 16.2 hereof, provided that the Company shall have deposited or set aside an amount of money sufficient to redeem such Notes may as set forth in Section 3.2 on or before such repurchase date, all such Notes shall be redeemed at the option of holders upon a Repurchase Event if there has occurred pursuant to Article III and is continuing an Event of Default, other than a default in the payment of the Repurchase Price with respect to such Notes on the repurchase daterights hereunder shall have no effect.
Appears in 1 contract
Sources: Indenture (General Electric Co)
Repurchase Right. (a) If, at any time prior to May 1____________________, 2005 there shall occur a Repurchase Event, then each Noteholder shall have the right, at such holder's option, to require the Company to repurchase all of such holder's Notes, or any portion thereof (in principal amounts of $1,000 or integral multiples thereof), on the date (the "repurchase date") that is forty (40) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 40th day is not a Business Day, the next succeeding Business Day). Such repurchase shall be made in cash at a price equal to 100105% of the principal amount of Notes such holder elects to require the Company to repurchase, together with accrued interest, if any, to the repurchase date (the "Repurchase Price") (or, at the option of the Company, by delivery of Common Stock in accordance with the provisions of Section 16.3); providedPROVIDED, howeverHOWEVER, that if such repurchase date is May 1 __________ or November 1, __________ then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding April 15 __________ or October 15__________, respectively. No Notes may be redeemed at the option of holders upon a Repurchase Event if there has occurred and is continuing an Event of Default, other than a default in the payment of the Repurchase Price with respect to such Notes on the repurchase date.
Appears in 1 contract
Sources: Indenture (Ibasis Inc)
Repurchase Right. (a) If, at any time prior to May September 1, 2005 2004 there shall occur a Repurchase Event, then each Noteholder shall have the right, at such holder's option, to require the Company to repurchase all of such holder's Notes, or any portion thereof (in principal amounts of $1,000 or integral multiples thereof), on the date (the "repurchase date") that is forty (40) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 40th day is not a Business Day, the next succeeding Business Day). Such repurchase shall be made in cash at a price equal to 100105% of the principal amount of Notes such holder elects to require the Company to repurchase, together with accrued interest, if any, to the repurchase date (the "Repurchase Price") (or, at the option of the Company, by delivery of Common Stock in accordance with the provisions of Section 16.3); provided, however, that if -------- ------- such repurchase date is May March 1 or November September 1, then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding April February 15 or October August 15, respectively. No Notes may be redeemed at the option of holders upon a Repurchase Event if there has occurred and is continuing an Event of Default, other than a default in the payment of the Repurchase Price with respect to such Notes on the repurchase date.
Appears in 1 contract