Fundamental Change definition
Examples of Fundamental Change in a sentence
An Exercise in connection with a Fundamental Change will be deemed to occur with respect to any Exercise with an Exercise Date occurring within twenty (20) Business Days following the date that the Company issued the press release or filed a report with the SEC containing the Fundamental Change Strike Price, as described below.
The Trustee shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Repurchase Price.
For such Exercises, the Strike Price in effect shall be temporarily reduced to an amount equal to the greater of (x) $0.34 and (y) the Fundamental Change Strike Price.
The Company shall cause all Notes delivered for the purpose of payment at maturity, repurchase upon a Fundamental Change or pursuant to a Net Proceeds Offer, registration of transfer, exchange, conversion (other than any Notes exchanged pursuant to Section 14.13), if delivered to the Company or any of its agents, Subsidiaries or Affiliates, in each case, that the Company controls, to be delivered to the Trustee for cancellation.
For Exercises in connection with a Fundamental Change, the Strike Price will be reduced in certain circumstances.