Notice to Investor. Correspondence and notices to the undersigned should be sent to the __ business __ residence address listed below until such time as the undersigned shall notify the Company, in writing, of a different address to which such correspondence and notices are to be sent. If neither space is marked above, all correspondence will be sent to the undersigned's residence address.
Notice to Investor. If written notice of a default to the Owner is required under this Agreement, then OHCS also will deliver written notice of such default to the Investor, if applicable, at the Investor’s address as referenced below (or such other single address as may be provided in writing) for as long as the Investor will have an ownership interest in Owner. INVESTOR: [Name~] Attn: [Name, Title~] [Address~] Facsimile: [#~] Email: [Address~]
Notice to Investor. These are the Investor Exchange Procedures for the settlement of the exchange of 2.25% Convertible Senior Notes due 2025, CUSIP 122017 AB2 (the “Exchanged Notes”) of Burlington, Stores, Inc., a Delaware corporation (the “Company”), for the Cash Consideration and the Shares (as defined in and pursuant to the Agreement between you and the Company), which is expected to occur on or about September 9, 2021. To ensure timely settlement for the Shares, please follow the instructions as set forth on the following page. These instructions supersede any prior instructions you received. Your failure to comply with these instructions may delay your receipt of the Shares. If you have any questions, please contact of J. Xxxx Capital Advisors LLC at . To deliver Exchanged Notes: You must post, no later than 9:00 a.m, New York City time, a withdrawal request for the Exchange Notes through the DTC via DWAC. It is important that this instruction be submitted and the DWAC posted on September 9, 2021. To receive Exchange Consideration:
Notice to Investor. These are the Exchange Procedures for the settlement of the exchange of 3.50% Convertible Senior Secured Notes due 2026, CUSIP 45845P AC2 (the “Exchanged Notes”) of Intercept Pharmaceuticals, Inc., a Delaware corporation (the “Company”), for the Shares and Cash Payment to be issued as Exchange Consideration (as defined in and pursuant to the Exchange Agreement between you and the Company), which is expected to occur on or about August 25, 2022. To ensure timely settlement for the Exchange Consideration, please follow the instructions as set forth below. These instructions supersede any prior instructions you received. Your failure to comply with these instructions may delay your receipt of the Exchange Consideration. If you have any questions, please contact Xxx Xxx of X. Xxxx Capital Advisors LLC at (000) 000-0000. To deliver Exchanged Notes: You must direct the eligible DTC participant through which you hold a beneficial interest in the Notes on August 25, 2022, no later than 9:00 a.m., New York City time, to post a withdrawal request through DTC for the aggregate principal amount of Exchanged Notes set forth on Exhibit A of the Agreement to be exchanged for Exchange Consideration. It is important that this instruction be submitted and the one-sided DWAC withdrawal (not a deliver vs. payment or free delivery) is posted on August 25, 2022. To receive Exchange Consideration: • To receive the Shares: You must direct the eligible DTC participant on August 25, 2022, no later than 9:00 a.m., New York City time, to post a deposit request through DTC via DWAC for the aggregate number of Shares to be received as set forth on Exhibit A of the Agreement. VStock Transfer, LLC is the Transfer Agent and Registrar for the Shares. • To receive the Cash Payment: You must provide valid wire instructions to the Company.
Notice to Investor. If the Company proposes at any time to effect a Change of Control, the Company shall mail to the Holder a notice specifying the other parties involved, amount and character of consideration involved and date on which the Change of Control is anticipated to become effective, which notice must be delivered to the Holder (i) no later than five (5) business days after the Company enters into definitive negotiations for a Change of Control or a letter of intent, memorandum of understanding, agreement in principle, acquisition agreement or other similar agreement relating to a Change of Control and (ii) no later than twenty (20) business days prior to such anticipated effective date. If the Company proposes at any time to file a registration statement under the Securities Act of 1933, as amended (the “1933 Act”), for the IPO, the Company shall mail to the Holder a notice specifying the date on which the filing with the Securities and Exchange Commission (“SEC”) is expected to occur, which notice must be delivered to the Holder no later than ten (10) business days prior to such expected filing date.
Notice to Investor. Attached are the Exchange Procedures for the settlement of the exchange of 6.75% Convertible Senior Notes due 2026, CUSIP 42330P AK3 (the “Exchanged Notes”) of Helix Energy Solutions Group, Inc., a Minnesota corporation (the “Company”), for the Cash Consideration and the Shares (as defined in and pursuant to the Exchange Agreement between you and the Company), which is expected to occur on or about December [●], 2023. To ensure timely settlement for the Shares, please follow the instructions as set forth below. These instructions supersede any prior instructions you received. Your failure to comply with these instructions may delay your receipt of the Shares. If you have any questions, please contact Xxxxxx Xxxxxxx of X. Xxxx Capital Advisors LLC at 000-000-0000. To deliver Exchanged Notes: You must post, no later than 9:00 a.m, New York City time, a withdrawal request for the Exchange Notes through the DTC via DWAC. It is important that this instruction be submitted and the DWAC posted on December [●], 2023. To receive Exchange Consideration:
Notice to Investor. These are the Exchange Procedures for the settlement of the exchange of 4.00% Convertible Senior Subordinated Notes due 2025, CUSIP 29664W AA3 (the “Exchanged Notes”) of Esperion Therapeutics, Inc., a Delaware corporation (the “Company”), for the Shares to be issued as Exchange Consideration (as defined in and pursuant to the Agreement between you and the Company), which is expected to occur on or about November 3, 2021. To ensure timely settlement for the Exchange Consideration, please follow the instructions as set forth below. These instructions supersede any prior instructions you received. Your failure to comply with these instructions may delay your receipt of the Exchange Consideration. If you have any questions, please contact Yxx Xxx of J. Xxxx Capital Advisors LLC at [***]. To deliver Exchanged Notes: You must direct the eligible DTC participant through which you hold a beneficial interest in the Exchanged Notes to post on November 3, 2021, no later than 9:00 a.m., New York City time, one-sided withdrawal instructions through DTC via DWAC for the aggregate principal amount of Exchanged Notes set forth on Exhibit A of the Agreement to be exchanged for Shares.
Notice to Investor. Correspondence and notices to the undersigned should be sent to the address listed below in the signature page of this Agreement until such time as the undersigned shall notify the Company, in writing, of a different address to which such correspondence and notices are to be sent.
Notice to Investor. These are the Investor Exchange Procedures for the settlement of the exchange of 2.25% Convertible Senior Notes due 2025, CUSIP 122017 AB2 (the “Exchanged Notes”) of Burlington, Stores, Inc., a Delaware corporation (the “Company”), for the Exchange Consideration (as defined in and pursuant to the Agreement between you and the Company), which is expected to occur on or about March 21, 2022. To ensure timely payment of the Exchange Consideration, please follow the instructions as set forth on the following page. These instructions supersede any prior instructions you received. Your failure to comply with these instructions may delay your receipt of the Exchange Consideration. If you have any questions, please contact Xxxxx Xxxxxxxxx of X. Xxxx Capital Advisors LLC at 000-000-0000. To deliver Exchanged Notes: You must post, no later than 9:00 a.m., New York City time, a withdrawal request for the Exchanged Notes through the DTC via DWAC. It is important that this instruction be submitted and the DWAC posted on March 21, 2022. To receive Exchange Consideration: You must provide valid wire instructions to the Company. You will then receive the Exchange Consideration from the Company on the Closing Date. You must comply with both procedures described above in order to complete the Exchange and to receive the Exchange Consideration in respect of the Exchanged Notes.
Notice to Investor. Upon the Company obtaining knowledge of (a) an Event of Default or (b) the existence of any pending or threatened actions, suits, investigations, litigations, or other judicial or administrative proceedings which, if adversely determined, could reasonably be expected to have a Material Adverse Effect, the Company shall deliver promptly (and in any event within five Business Days after the obtaining of such knowledge) to the Investor a certificate of an executive officer of the Company specifying the nature and period of existence thereof and what action the Company proposes to take with respect thereto.
