Common use of Compliance with Applicable Securities Laws Clause in Contracts

Compliance with Applicable Securities Laws. To the extent applicable, the Company will comply, in all material respects, with all U.S. federal and state securities laws in connection with a Repurchase Upon Fundamental Change (including complying with Rules 13e-4 and 14e-1 under the Exchange Act and filing any required Schedule TO, to the extent applicable) so as to permit effecting such Repurchase Upon Fundamental Change in the manner set forth in this Indenture; provided, however, that, to the extent that the Company’s obligations pursuant to this Section 4.02 conflict with any law or regulation that is applicable to the Company and enacted after the Issue Date, the Company’s compliance with such law or regulation will not be considered to be a Default of such obligations; rather, the Company will be deemed to be in compliance with such obligations if the Company complies with its obligation to effect Repurchases Upon a Fundamental Change in accordance with this Section 4.02, modified as necessary by the Company in good faith to permit compliance with such law or regulation.

Appears in 5 contracts

Samples: Indenture (Bloom Energy Corp), Indenture (Nextgen Healthcare, Inc.), Indenture (Marathon Digital Holdings, Inc.)

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Compliance with Applicable Securities Laws. To the extent applicable, the Company will comply, in all material respects, with all U.S. federal and state securities laws in connection with a Repurchase Upon Fundamental Change (including complying with Rules 13e-4 and 14e-1 under the Exchange Act and filing any required Schedule TO, to the extent applicable) so as to permit effecting such Repurchase Upon Fundamental Change in the manner set forth in this Indenture; provided, however, that, to the extent that the Company’s obligations pursuant to this Section ‎Section 4.02 conflict with any law or regulation that is applicable to the Company and enacted after the Issue Date, the Company’s compliance with such law or regulation will not be considered to be a Default of such obligations; rather, the Company will be deemed to be in compliance with such obligations if the Company complies with its obligation to effect Repurchases Upon a Fundamental Change in accordance with this Section ‎Section 4.02, modified as necessary by the Company in good faith to permit compliance with such law or regulation.

Appears in 1 contract

Samples: Indenture (Lucid Group, Inc.)

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