Common use of Special Provisions for Partial Calls Clause in Contracts

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Article 16, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the close of business on the 42nd Scheduled Trading Day immediately before the relevant Redemption Date for such Optional Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Optional Redemption (and, as a result thereof, convertible in accordance with the provisions of this Indenture), then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the close of business on the Business Day prior to such Redemption Date, unless the Company fails to pay the Redemption Price, in which case such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, until the close of business on the Business Day immediately preceding the date on which the Redemption Price has been paid or duly provided for, and each such conversion will be deemed to be of a Note called for Optional Redemption for purposes of this Article 16 and Section 14.03. The Trustee shall not be obligated to make any determination in connection with the foregoing.

Appears in 2 contracts

Samples: Indenture (Model N, Inc.), Indenture (Model N, Inc.)

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Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Article 16, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the close of business on the 42nd 22nd Scheduled Trading Day immediately before the relevant Redemption Date for such Optional Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Optional Redemption (and, as a result thereof, convertible in accordance with the provisions of this Indenture), then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the close of business on the Business Day prior to such Redemption Date, unless the Company fails to pay defaults in the payment of the Redemption Price, in which case such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, until the close of business on the Business Day immediately preceding the date on which the Redemption Price has been paid or duly provided for, and each such conversion will be deemed to be of a Note called for Optional Redemption for purposes of this Article 16 and Section 14.03. The Trustee shall not be obligated to make any determination in connection with the foregoing.

Appears in 1 contract

Samples: Indenture (Slack Technologies, Inc.)

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Article 163, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the close Close of business Business on the 42nd Scheduled Trading Day 10th calendar day immediately before the relevant Redemption Date for such Optional Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Optional Redemption (and, as a result thereof, convertible in accordance with the provisions of this Indenture)Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the close Close of business on the Business Day prior to such Redemption Date, unless the Company fails to pay the Redemption Price, in which case such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, until the close of business on the Business Day immediately preceding the date on which the before such Redemption Price has been paid or duly provided forDate, and each such conversion will be deemed to be of a Note called for Optional Redemption for purposes of this Article 16 3 and Section 14.034.01. The Trustee shall not have no obligation to determine whether a Holder or beneficial owner of any Note is to be obligated redeemed in the event of a partial redemption, and shall have no obligation to make calculate the Conversion Rate or any determination increase thereof as a result of an Optional Redemption. In the case of Global Notes, any redemption and conversion of Notes in connection with a redemption shall be subject to the foregoingApplicable Procedures.

Appears in 1 contract

Samples: Indenture (Biomarin Pharmaceutical Inc)

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Article 1611, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the close Close of business Business on the 42nd 27th Scheduled Trading Day immediately before the relevant Redemption Date for such Optional Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Optional Redemption (and, as a result thereof, convertible in accordance with the provisions of this Indenture)Redemption, then if such Holder or owner, as applicable, will be entitled elects to convert such Note or beneficial interest, as applicable, at any time before the close Close of business Business on the second Business Day prior to immediately before such Redemption Date, unless the Company fails to pay the Redemption Price, in which case such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, until the close of business on the Business Day immediately preceding the date on which the Redemption Price has been paid or duly provided for, and each such conversion will be deemed to be of a Note called for Optional Redemption for purposes of this Article 16 11 and Section 14.034.06. The Trustee shall not have no obligation to determine whether a Holder or beneficial owner of any Note is to be obligated redeemed in the event of a partial redemption, and shall have no obligation to make calculate the Conversion Rate or any determination increase thereof as a result of an Optional Redemption. In the case of Global Notes, any redemption and conversion of Notes in connection with a redemption shall be subject to the foregoingApplicable Procedures.

Appears in 1 contract

Samples: Lumentum Holdings Inc.

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Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Article 16, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the close of business on the 42nd 32nd Scheduled Trading Day immediately before the relevant Redemption Date for such Optional Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Optional Redemption (and, as a result thereof, convertible in accordance with the provisions of this Indenture), then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the close of business on the Business Day prior to such Redemption Date, unless the Company fails to pay defaults in the payment of the Redemption Price, in which case such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, until the close of business on the Business Day immediately preceding the date on which the Redemption Price has been paid or duly provided for, and each such conversion will be deemed to be of a Note called for Optional Redemption for purposes of this Article 16 and Section 14.03. The Trustee shall not be obligated to make any determination in connection with the foregoing.

Appears in 1 contract

Samples: Cerence Inc.

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