Repurchase Upon a Fundamental Change. Section 3.01. Repurchase at Option of Holder Upon a Fundamental Change 28 ARTICLE 4 COVENANTS Section 4.01. Payment of Securities 33 Section 4.02. Maintenance of Office or Agency 33 Section 4.03. Annual Reports 34 Section 4.04. Compliance Certificate 36 Section 4.05. Stay, Extension and Usury Laws 36 Section 4.06. Notice of Default 36 Section 4.07. Limitation on the Incurrence of Indebtedness 36
Repurchase Upon a Fundamental Change. Upon the occurrence of a Fundamental Change or, if all borrowings under the Senior Facilities have not been repaid in full upon the occurrence of a Fundamental Change, the date on which all borrowings under the Senior Facilities have been repaid in full, Holders shall have the right, at their option, to require the Company to repurchase for cash any or all of their Series A Convertible Preference Shares (the “Fundamental Change Repurchase Right”). The price the Company shall be required to pay (the “Fundamental Change Repurchase Price”) per Series A Convertible Preference Share shall be equal to the Liquidation Preference as of the Fundamental Change Repurchase Date plus an amount equal to accrued and unpaid dividends to, but not including, the Fundamental Change Repurchase Date.
Repurchase Upon a Fundamental Change. Upon any Fundamental Change (as defined below) with respect to the Company, each Holder shall have the right (the “Fundamental Change Repurchase Right”), at the Holder’s option, to require the Company to repurchase all of such Holder’s Securities, or a portion thereof which is $1,000 in principal amount or any positive integral multiple thereof, on the date (the “Fundamental Change Repurchase Date”) that is 30 business days after the date of the Fundamental Change Notice (as defined below) at the Repurchase Price, plus accrued and unpaid interest to, but not including, the Fundamental Change Repurchase Date. The Repurchase Price for Securities the Company is required to repurchase pursuant to a Fundamental Change shall be paid in Cash.
Repurchase Upon a Fundamental Change. SECTION 6.1. Repurchase at the Option of the Holder upon a Fundamental Change 42 SECTION 6.2. Notice of Fundamental Change 42 SECTION 6.3. Exercise of Option 43 SECTION 6.4. Procedures 43
Repurchase Upon a Fundamental Change. If there is a Fundamental Change (as defined in the Indenture), the Company must offer to purchase all Outstanding Securities on the Fundamental Change Repurchase Date at a purchase price equal to 100% of the principal amount plus any accrued and unpaid interest to the Fundamental Change Repurchase Date. Holders of Securities that are subject to an offer to purchase will receive a written notice from the Company within 20 days after the occurrence of a Fundamental Change and may elect to have such Securities or portions thereof in authorized denominations purchased by completing the form entitled "Option of Holder to Elect Purchase" appearing below. Holders have the right to withdraw their election by delivering a written notice of withdrawal to the Paying Agent at any time prior to one Business Day immediately before the Fundamental Change Repurchase Date.
Repurchase Upon a Fundamental Change. Section 13.01 Repurchase of Notes at Option of the Holder Upon Fundamental Change. 74 Section 13.02 Effect of Fundamental Change Repurchase Notice 76 Section 13.03 Notes Repurchased in Whole or in Part. 77 Section 13.04 Deposit of Fundamental Change Repurchase Price. 77 Section 13.05 Repayment to the Company. 77 ARTICLE 14 REPURCHASE REQUIRED BY GAMING AUTHORITIES Section 14.01 Redemption Pursuant to Gaming Laws 78 Section 14.02 Notices to Trustee 79 Section 14.03 Notice of Redemption 79 Section 14.04 Effect of Notice of Redemption 80 Section 14.05 Deposit of Redemption Price 80 Section 14.06 Global Note Redeemed in Part 80
Repurchase Upon a Fundamental Change. Section 13.01 Repurchase of Notes at Option of the Holder Upon Fundamental Change.
Repurchase Upon a Fundamental Change. (a) If a Fundamental Change occurs at any time, each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s shares of Preferred Stock, or any portion thereof, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than [5] Scheduled Trading Days nor more than [10] Scheduled Trading Days following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the Liquidation Preference thereof, plus Accumulated Dividends thereon to, but excluding, such Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date falls after a Dividend Record Date but on or prior to the Dividend Payment Date to which such Dividend Record Date relates, in which case the Company shall instead pay the full amount of Accumulated Dividends to Holders of record as of such Dividend Record Date, and the Fundamental Change Repurchase Price shall be equal to 100% of the Liquidation Preference of the Preferred Stock to be repurchased pursuant to this Section 5.
Repurchase Upon a Fundamental Change. Holders may require the Company to repurchase the notes for an amount equal to 100% of the principal amount of the notes, plus accrued and unpaid interest, if any, up to but not including the date of repurchase, payable in cash. Book-Running Manager: Credit Suisse Securities (USA) LLC. Co-Manager: Citigroup Global Markets Inc. Gross Spread (%): 2.875%. Gross Spread per Note: $28.75. Trade date: June 15, 2007. Settlement date: June 20, 2007. CUSIP: 091935 AA4. ISIN: US091935AA49. The issuer has filed a registration statement (including a prospectus and prospectus supplement) with the SEC for the offering to which this communication relates. Before you invest, you should read the prospectus and prospectus supplement in that registration statement and other documents the issuer has filed with the SEC for more complete information about the issuer and this offering. You may get these documents for free by visiting EXXXX on the SEC Web site at wxx.xxx.xxx. Alternatively, the issuer, any underwriter or any dealer participating in the offering will arrange to send you the prospectus if you request it by calling Credit Suisse Securities (USA) LLC toll-free at 1-800-221-1037.
Repurchase Upon a Fundamental Change. If a fundamental change occurs, holders will have the option to require Stillwater Mining Company to purchase all or any part of their Notes at a purchase price equal to 100% of the principal amount of the notes, plus accrued and unpaid interest, payable in cash
