Examples of Fundamental Change in a sentence
The Company shall deliver a copy of the Fundamental Change Notice to the Trustee and shall publicly release such Fundamental Change Notice.
No later than the fifth (5th) Business Day immediately following the effective date of each Make- Whole Fundamental Change, the Company shall deliver, in accordance with Section 13.01, written notice of, and shall publicly announce such effective date and the Make- Whole Applicable Increase applicable to such Make-Whole Fundamental Change.
The Company, the Registrar or the Trustee, as the case may be, shall not be required to register the transfer of or exchange any Security for which the Holder has delivered, and not validly withdrawn, a Purchase Notice in accordance with this Indenture, except (i) if the Company defaults in the payment of the Fundamental Change Repurchase Price or (ii) with respect to the portion of Securities not being repurchased.
Notwithstanding anything herein to the contrary, except in the case of an acceleration resulting from a Default by the Company in the payment of the Fundamental Change Repurchase Price, there shall be no purchase of any Securities pursuant to this Section 3.02 on any date if, on such date, the principal amount of the Securities shall have been accelerated in accordance with this Indenture and such acceleration shall not have been rescinded on or prior to such date in accordance with this Indenture.
No failure of the Company to give a Fundamental Change Notice shall limit any Holder’s right pursuant hereto to exercise a Fundamental Change RepurchaseRight.