Repurchase Right. If, at any time prior to June 15, 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 thirty (30) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 30th day is not a Business Day, the next succeeding Business Day). 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 with accrued interest, if any, to the repurchase date (the "Repurchase Price"); provided, however, that if such repurchase date is June 15 or December 15 then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding June 1 or December 1, respectively. 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 as set forth in Section 3.2 on or before such repurchase date, all such Notes shall be redeemed pursuant to Article III and the repurchase rights 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 June 15May 1, 2007 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 thirty forty (3040) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 30th 40th day is not a Business Day, the next succeeding Business Day). Such repurchase shall be made in cash at a price equal to 105100% 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 June 15 May 1 or December 15 November 1, then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding June 1 April 15 or December 1October 15, respectively. Notwithstanding anything 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 this Article XVI the payment of the Repurchase Price with respect 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 as set forth in Section 3.2 on or before such the repurchase date, all such Notes shall be redeemed pursuant to Article III and the repurchase rights hereunder shall have no effect.
Appears in 2 contracts
Sources: Indenture (Financial Federal Corp), Indenture (Financial Federal Corp)
Repurchase Right. If, at any time prior to June August 15, 2007 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 thirty forty (3040) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 30th 40th day is not a Business Day, the next succeeding Business Day). Such repurchase shall be made in cash at a price equal to 105110% 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"); provided, however, that if such repurchase date is June August 15 or December February 15 then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding June 1 August 15 or December 1February 15, respectively. 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 16.216.2 hereof, provided that the Company shall have deposited or set aside an amount of money sufficient to redeem such Notes as set forth in Section 3.2 on or before such repurchase date, all such Notes shall be redeemed pursuant to Article III and the repurchase rights hereunder shall have no effect.
Appears in 1 contract
Sources: Indenture (General Electric Co)
Repurchase Right. If, at any time prior to June 15September 1, 2007 2023 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 dateEvent Repurchase Date") that is thirty forty (3040) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 30th 40th day is not a Business Day, the next succeeding Business Day). 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 with accrued and unpaid interest, if any, to but excluding the repurchase date Event Repurchase Date (the "Repurchase Event 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 Event Repurchase Date is June 15 March 1 or December 15 September 1 then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding June 1 February 15 or December 1August 15, respectively. Notwithstanding anything 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 this Article XVI the payment of the Repurchase Event Price with respect 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 as set forth in Section 3.2 on or before such repurchase date, all such Notes shall be redeemed pursuant to Article III and the repurchase rights hereunder shall have no effectEvent Repurchase Date.
Appears in 1 contract
Sources: Indenture (Alkermes Inc)
Repurchase Right. (a) If, at any time prior to June 1518, 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 thirty forty (3040) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 30th 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 105% 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"); providedPROVIDED, howeverHOWEVER, that if such repurchase date Repurchase Date is June 15 or December 15 then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding June 1 15 or December 115, respectively. Notwithstanding anything 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 this Article XVI the payment of the Repurchase Price with respect 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 as set forth in Section 3.2 on or before such repurchase date, all such Notes shall be redeemed pursuant to Article III and the repurchase rights hereunder shall have no effectRepurchase Date.
Appears in 1 contract
Sources: Indenture (Ibasis Inc)
Repurchase Right. (a) If, at any time prior to June 15April 1, 2007 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 thirty forty (3040) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 30th 40th day is not a Business Day, the next succeeding Business Day). Such repurchase shall be made in cash at a price equal to 105100% 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 June 15 April 1 or December 15 October 1 then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding June 1 March 15 or December 1September 15, respectively. Notwithstanding anything 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 this Article XVI the payment of the Repurchase Price with respect 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 as set forth in Section 3.2 on or before such the repurchase date, all such Notes shall be redeemed pursuant to Article III and the repurchase rights hereunder shall have no effect.
Appears in 1 contract
Sources: Indenture (Sportsline Usa Inc)
Repurchase Right. If, at any time prior to June 15December , 2007 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 thirty forty (3040) 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 30th 40th day is not a Business Day, the next succeeding Business Day). 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 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 June 15 or December 15 , then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding June 1 or December 1, respectively. Notwithstanding anything 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 this Article XVI the payment of the Repurchase Price with respect 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 as set forth in Section 3.2 on or before such repurchase date, all such Notes shall be redeemed pursuant to Article III and the repurchase rights hereunder shall have no effectRepurchase Date.
Appears in 1 contract
Sources: Indenture (Alkermes Inc)
Repurchase Right. (a) If, at any time prior to June March 15, 2007 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 thirty forty (3040) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 30th 40th day is not a Business Day, the next succeeding Business Day). 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 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 June March 15 or December September 15 then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding June March 1 or December September 1, respectively. Notwithstanding anything 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 this Article XVI the payment of the Repurchase Price with respect 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 as set forth in Section 3.2 on or before such the repurchase date, all such Notes shall be redeemed pursuant to Article III and the repurchase rights hereunder shall have no effect.
Appears in 1 contract
Sources: Indenture (Ibasis Inc)
Repurchase Right. If, at any time prior to June 15March 26_, 2007 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 30th 40th day is not a Business Day, the next succeeding Business Day). Such repurchase shall be made in cash at a price equal to 105100% 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"”); provided. In addition, however, that if such repurchase date is June 15 or December 15 then the interest payable on such date Notes shall be paid to purchased by the Company at the option of the holder of record of on March 26, 2011, March 26, 2016 and March 26, 2021 (each, also a “Repurchase Date”), at the Note on the next preceding June 1 or December 1, respectivelyRepurchase 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 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 as set forth in Section 3.2 on or before such repurchase date, all such Notes shall be redeemed pursuant to Article III and the repurchase rights hereunder shall have no effect.
Appears in 1 contract
Sources: Indenture (Electroglas Inc)
Repurchase Right. (a) If, at any time prior to June 15[____________ ___, 2007 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 thirty forty (3040) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 30th 40th day is not a Business Day, the next succeeding Business Day). 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 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 June 15 [__________ or December 15 __________] then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding June 1 [__________ or December 1____________], respectively. Notwithstanding anything 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 this Article XVI the payment of the Repurchase Price with respect 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 as set forth in Section 3.2 on or before such the repurchase date, all such Notes shall be redeemed pursuant to Article III and the repurchase rights hereunder shall have no effect.
Appears in 1 contract
Sources: Indenture (Ibasis Inc)
Repurchase Right. (a) If, at any time prior to June 15____________________, 2007 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 thirty forty (3040) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 30th 40th day is not a Business Day, the next succeeding Business Day). 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 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 June 15 __________ or December 15 __________ then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding June 1 __________ or December 1__________, respectively. Notwithstanding anything 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 this Article XVI the payment of the Repurchase Price with respect 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 as set forth in Section 3.2 on or before such the repurchase date, all such Notes shall be redeemed pursuant to Article III and the repurchase rights hereunder shall have no effect.
Appears in 1 contract
Sources: Indenture (Ibasis Inc)
Repurchase Right. If, at any time prior to June August 15, 2007 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 thirty forty (3040) calendar -72- days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 30th 40th day is not a Business Day, the next succeeding Business Day). Such repurchase shall be made in cash at a price equal to 105110% 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"); provided, however, that if such repurchase date -------- ------- is June August 15 or December February 15 then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding June 1 August 15 or December 1February 15, respectively. 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 16.216.2 hereof, provided that the Company shall have deposited or set aside an amount of money sufficient to redeem such Notes as set forth in Section 3.2 on or before such repurchase date, all such Notes shall be redeemed pursuant to Article III and the repurchase rights hereunder shall have no effect.
Appears in 1 contract
Sources: Indenture (Tivo Inc)
Repurchase Right. (a) If, at any time prior to June 1518, 2007 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 thirty forty (3040) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 30th 40th day is not a Business Day, the next succeeding Business Day). 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 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 June 15 or December 15 then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding June 1 15 or December 115, respectively. Notwithstanding anything 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 this Article XVI the payment of the Repurchase Price with respect 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 as set forth in Section 3.2 on or before such the repurchase date, all such Notes shall be redeemed pursuant to Article III and the repurchase rights hereunder shall have no effect.
Appears in 1 contract
Sources: Indenture (Ibasis Inc)
Repurchase Right. If, at any time prior to June 15May 1, 2007 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 thirty forty (3040) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 30th 40th day is not a Business Day, the next succeeding Business Day). 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 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 June 15 May 1 or December 15 November 1 then the interest payable on such date shall be paid to the holder of record of the Note on as of the next immediately preceding June 1 April 15 or December 1October 15, respectively. Notwithstanding anything 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 this Article XVI the payment of the Repurchase Price with respect 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 as set forth in Section 3.2 on or before such the repurchase date, all such Notes shall be redeemed pursuant to Article III and the repurchase rights hereunder shall have no effect.
Appears in 1 contract
Sources: Indenture (Cephalon Inc)
Repurchase Right. If, at any time prior to June November 15, 2007 2006 there shall occur a Repurchase EventFundamental Change, 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 thirty (30) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event Fundamental Change (or, if such 30th day is not a Business Day, the next succeeding Business Day). Such repurchase shall be made in cash at a price equal to 105100% 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"); providedPROVIDED, howeverHOWEVER, that if such repurchase date is June May 15 or December November 15 then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding June May 1 or December November 1, respectively. Notwithstanding anything No Notes may be redeemed at the option of holders upon a Fundamental Change if there has occurred and is continuing an Event of Default, other than a default in this Article XVI the payment of the Repurchase Price with respect 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 as set forth in Section 3.2 on or before such the repurchase date, all such Notes shall be redeemed pursuant to Article III and the repurchase rights hereunder shall have no effect.
Appears in 1 contract
Sources: Indenture (Sepracor Inc /De/)
Repurchase Right. (a) If, at any time prior to June 15September 1, 2007 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 thirty forty (3040) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 30th 40th day is not a Business Day, the next succeeding Business Day). 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 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 June 15 March 1 or December 15 September 1, then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding June 1 February 15 or December 1August 15, respectively. Notwithstanding anything 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 this Article XVI the payment of the Repurchase Price with respect 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 as set forth in Section 3.2 on or before such the repurchase date, all such Notes shall be redeemed pursuant to Article III and the repurchase rights hereunder shall have no effect.
Appears in 1 contract
Repurchase Right. If, at any time prior to June February 15, 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 thirty forty (3040) calendar days after the date of the Company Notice (as defined in Section 16.2 below) of such Repurchase Event (or, if such 30th 40th day is not a Business Day, the next succeeding Business Day). 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 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 June February 15 or December August 15 then the interest payable on such date shall be paid to the holder of record of the Note on the next preceding June February 1 or December August 1, respectively. Notwithstanding anything 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 this Article XVI the payment of the Repurchase Price with respect 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 as set forth in Section 3.2 on or before such the repurchase date, all such Notes shall be redeemed pursuant to Article III and the repurchase rights hereunder shall have no effect.
Appears in 1 contract
Sources: Indenture (Alkermes Inc)