Fundamental Change Repurchase Date shall have the meaning specified in Section 15.02(a).
Fundamental Change Repurchase Price shall have the meaning specified in Section 15.02(a).
Fundamental Change Repurchase Notice shall have the meaning specified in Section 15.02(b)(i).
Fundamental Change Purchase Date has the meaning specified in Section 3.01(a).
Form of Fundamental Change Repurchase Notice means the “Form of Fundamental Change Repurchase Notice” attached as Attachment 2 to the Form of Note attached hereto as Exhibit A.
Fundamental Change Purchase Notice has the meaning specified in Section 3.01(a)(i).
Fundamental Change Purchase Price has the meaning specified in Section 3.01(a).
Repurchase Upon Fundamental Change means the repurchase of any Note by the Company pursuant to Section 4.02.
Make-Whole Fundamental Change means any transaction or event that constitutes a Fundamental Change (as defined above and determined after giving effect to any exceptions to or exclusions from such definition, but without regard to the proviso in clause (b) of the definition thereof).
Fundamental Change Notice has the meaning specified in Section 8.02(a).
Fundamental Change shall be deemed to have occurred at the time after the Notes are originally issued if any of the following occurs:
Make-Whole Fundamental Change Period shall have the meaning specified in Section 14.03(a).
Make-Whole Fundamental Change Effective Date means (A) with respect to a Make-Whole Fundamental Change pursuant to clause (A) of the definition thereof, the date on which such Make-Whole Fundamental Change occurs or becomes effective; and (B) with respect to a Make-Whole Fundamental Change pursuant to clause (B) of the definition thereof, the applicable Redemption Notice Date.
Repurchase Date has the meaning specified in Section 14.1.
Fundamental Change Effective Date means the date on which any Fundamental Change becomes effective.
Form of Fundamental Change Purchase Notice means the “Form of Fundamental Change Purchase Notice” attached as Attachment 2 to the Form of Note attached hereto as Exhibit A.
Early Repurchase Date shall have the meaning specified in Section 3(d) of this Agreement.
Change of Control Purchase Date shall have the meaning specified in Section 10.1.
Make-Whole Fundamental Change Conversion Period has the following meaning:
Change of Control Redemption Date shall have the meaning set forth in Section 7.2;
Fundamental Change Expiration Time shall have the meaning specified in Section 16.02(b)(ix).
Non-Stock Fundamental Change means any Fundamental Change other than a Common Stock Fundamental Change.
Change of Control Redemption Price shall have the meaning set forth in Section 7.3;
Common Stock Fundamental Change means any Fundamental Change in which more than 50% of the value (as determined in good faith by the Board of Directors of the Company) of the consideration received by holders of Common Stock consists of common stock that, for the 10 Trading Days immediately prior to such Fundamental Change, has been admitted for listing or admitted for listing subject to notice of issuance on a national securities exchange or quoted on Nasdaq National Market, provided, however, that a Fundamental Change shall not be a Common Stock Fundamental Change unless either (i) the Company continues to exist after the occurrence of such Fundamental Change and the outstanding Preferred Stock continues to exist as outstanding Preferred Stock, or (ii) not later than the occurrence of such Fundamental Change, the outstanding Preferred Stock is converted into or exchanged for shares of convertible preferred stock, which convertible preferred stock has powers, preferences and relative, participating optional or other rights, and qualifications, limitations and restrictions substantially similar (but no less favorable) to those of the Preferred Stock.
Mandatory Purchase Date means the Purchase Date for a Mandatory Purchase in accordance with this Statement and the VRDP Purchase Agreement.
Change of Control Put Date shall have the meaning specified in Section 11.1.