LUX » Topics » Company Notice is given, unless otherwise agreed among the Company and each of the holders of the Notes (the Prepayment Date ).

This excerpt taken from the LUX 6-K filed Jul 11, 2008.

Company Notice is given, unless otherwise agreed among the Company and each of the holders of the Notes (the “Prepayment Date”).

 

(b)                           Each holder of Notes shall notify the Company of such holder’s acceptance or rejection of the Change of Control Prepayment Offer by giving written notice thereof to the Company within fifteen (15) Business Days after receipt of the Company Notice; provided that the failure by the holder of any Note to respond to the Change of Control Prepayment Offer in writing within such time shall be deemed to be a rejection of such offer.

 

(c)                           On the Prepayment Date, the entire outstanding principal amount of the Notes held by each holder of Notes that has accepted the Change of Control Prepayment Offer shall become due and payable in an amount equal to the Repurchase Price.  On the date that is two Business Days preceding the Prepayment Date, the Company shall deliver to each holder of Notes being prepaid a statement showing the Repurchase Price due in connection with such prepayment and setting forth the details of the computation of such amount.

 

9              AFFIRMATIVE COVENANTS.

 

The Company and the Parent covenant that so long as any of the Notes are outstanding:

 

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