Common use of Repurchase at Option of Holders Upon a Fundamental Change Clause in Contracts

Repurchase at Option of Holders Upon a Fundamental Change. (a) Subject to Section 3.01(e) hereof, upon the occurrence of a Fundamental Change at any time prior to Maturity, each holder may require the Company to repurchase such holder’s Notes no less than 20 days and no more than 35 days after the mailing of the Fundamental Change Repurchase Right Notice (the “Fundamental Change Repurchase Date”), and the Company shall repurchase on the Fundamental Change Repurchase Date, any or all Notes submitted for repurchase for cash, or any portion of the initial principal amount thereof that is equal to $1,000 or an integral multiple thereof, equal to 100% of the aggregate principal amount thereof plus accrued and unpaid interest, if any, to but not including the Fundamental Change Repurchase Date (the “Fundamental Change Payment”), unless such Fundamental Change Repurchase Date falls after a record date and on or prior to the corresponding Interest Payment Date, in which case the Company shall pay the full amount of accrued and unpaid interest payable on such Interest Payment Date to the holder of record at the close of business on the corresponding record date. At least 15 Trading Days prior to the expected Effective Date of a Fundamental Change, the Company will provide to all holders of the Notes, the Trustee, the paying agent and the Conversion Agent a conversion right notice (the “Fundamental Change Conversion Right Notice”) stating:

Appears in 2 contracts

Samples: Indenture (Nii Holdings Inc), Indenture (Nii Holdings Inc)

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Repurchase at Option of Holders Upon a Fundamental Change. (a) Subject to Section 3.01(e) hereof, upon the occurrence of If a Fundamental Change occurs at any time prior time, then each Noteholder shall have the right, at such holder’s option, to Maturity, each holder may require the Company to repurchase all of such holder’s Notes no less than 20 days and no more than 35 days after the mailing of the Fundamental Change Repurchase Right Notice (the “Fundamental Change Repurchase Date”), and the Company shall repurchase on the Fundamental Change Repurchase Date, any or all Notes submitted for repurchase for cash, or any portion of the initial principal amount thereof that is equal to $1,000 or an integral multiple thereofof $1,000, for cash on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than twenty (20) days and not more than thirty five (35) days after the date of the Fundamental Change Repurchase Company Notice at a repurchase price equal to 100% of the aggregate principal amount thereof plus thereof, together with accrued and unpaid interestinterest (including Additional Interest, if any) and Extension Fees and Additional Extension Fees, if any, to thereon to, but not including excluding, the Fundamental Change Repurchase Date (unless the “Fundamental Change Payment”), unless such Fundamental Change Repurchase Date falls after is between a regular record date and on or prior to the corresponding Interest Payment Date, in which case the Company shall pay the full amount of accrued and unpaid interest payable on such Interest Payment Date to the holder of record at the close of business on the corresponding record date. At least 15 Trading Days prior to the expected Effective Date of a Fundamental Change, the Company will provide to all holders of the Notes, the Trustee, the paying agent and the Conversion Agent a conversion right notice ) (the “Fundamental Change Conversion Right NoticeRepurchase Price) stating). Repurchases of Notes under this Section 14.01 shall be made, at the option of the holder thereof, upon:

Appears in 2 contracts

Samples: Cadence Design Systems Inc, Cadence Design Systems Inc

Repurchase at Option of Holders Upon a Fundamental Change. (a) Subject to Section 3.01(e) hereof, upon the occurrence of If a Fundamental Change occurs at any time prior time, then each Holder shall have the right, at such Holder’s option, to Maturity, each holder may require the Company to repurchase all of such holderHolder’s Notes no less than 20 days and no more than 35 days after the mailing of the Fundamental Change Repurchase Right Notice (the “Fundamental Change Repurchase Date”), and the Company shall repurchase on the Fundamental Change Repurchase Date, any or all Notes submitted for repurchase for cash, or any portion of the initial principal amount thereof that is equal to $1,000 or an integral multiple of $1,000 in excess thereof, for cash on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 and not more than 35 Business Days after the date of the Fundamental Change Repurchase Right Notice at a repurchase price equal to 100% of the aggregate principal amount thereof plus thereof, together with accrued and unpaid interestinterest (including any Additional Interest) thereon to, if anybut excluding, to but not including the Fundamental Change Repurchase Date (the “Fundamental Change Payment”)Date, unless such Fundamental Change Repurchase Date falls after the Close of Business on a record date Regular Record Date and on or prior to the Close of Business on the corresponding Interest Payment Date, in which case the Company shall pay the full amount of accrued and unpaid interest payable on such Interest Payment Date to the holder Holder of record at the close Close of business Business on the corresponding record date. At least 15 Trading Days prior to the expected Effective Regular Record Date of a Fundamental Change, the Company will provide to all holders of the Notes, the Trustee, the paying agent and the Conversion Agent a conversion right notice (the “Fundamental Change Conversion Right NoticeRepurchase Price) stating). Repurchases of Notes under this Section 3.01 shall be made, at the option of the Holder thereof, upon:

Appears in 1 contract

Samples: Supplemental Indenture (Mindspeed Technologies, Inc)

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Repurchase at Option of Holders Upon a Fundamental Change. (a) Subject to Section 3.01(e3.05(e) hereof, upon the occurrence of a Fundamental Change at any time prior to Maturity, each holder may require the Company to repurchase such holder’s Notes no less than 20 days and no more than 35 days after the mailing of the Fundamental Change Repurchase Right Notice (the “Fundamental Change Repurchase Date”), and the Company shall repurchase on the Fundamental Change Repurchase Date, any or all Notes submitted for repurchase for cash, or any portion of the initial principal amount thereof that is equal to $1,000 or an integral multiple thereof, equal to 100% of the aggregate principal amount thereof plus accrued and unpaid interest, if any, to but not including the Fundamental Change Repurchase Date (the “Fundamental Change Payment”), unless such Fundamental Change Repurchase Date falls after a record date and on or prior to the corresponding Interest Payment Date, in which case the Company shall pay the full amount of accrued and unpaid interest payable on such Interest Payment Date to the holder of record at the close of business on the corresponding record date. At least 15 Trading Days prior to the expected Effective Date of a Fundamental Change, the Company will provide to all holders of the Notes, the Trustee, the paying agent and the Conversion Agent a conversion right notice (the “Fundamental Change Conversion Right Notice”) stating:

Appears in 1 contract

Samples: Indenture (Nii Holdings Inc)

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