Common use of Amount of Cash Exceeding the Fundamental Change Repurchase Price Clause in Contracts

Amount of Cash Exceeding the Fundamental Change Repurchase Price. Notwithstanding anything to the contrary in this Article 15, the Company will not be required to send a Fundamental Change Notice pursuant to this Article 15, or offer to repurchase or repurchase any Notes pursuant to this Article 15, in connection with a Fundamental Change occurring pursuant to (b)(A) or (b)(B) of the definition thereof, if (i) such Fundamental Change constitutes a Share Exchange Event whose Reference Property consists entirely of cash in U.S. dollars; (ii) immediately after such Fundamental Change, the Notes become convertible, pursuant to Section 14.07 and, if applicable, Section 14.03, into consideration that consists solely of U.S. dollars in an amount per $1,000 aggregate principal amount of Notes that equals or exceeds the Fundamental Change Repurchase Price per $1,000 aggregate principal amount of Notes (which Fundamental Change Repurchase Price will be calculated assuming that such Fundamental Change Repurchase Price includes the maximum amount of accrued but unpaid interest payable as part of the Fundamental Change Repurchase Price for such Fundamental Change); and (iii) the Company timely sends the notice relating to such Fundamental Change required pursuant to Section 14.01(b)(iii) and a statement that the Company is relying on this Section 15.06.

Amount of Cash Exceeding the Fundamental Change Repurchase Price. Notwithstanding anything to the contrary in this Article 15Section 4.02, the Company will not be required to send a Fundamental Change Notice pursuant to this Article 15, or offer to repurchase or repurchase any Notes pursuant to this Article 15Section 4.02, in connection with a Fundamental Change occurring pursuant to clause (b)(AB) (or pursuant to clause (b)(BA) that also constitutes a Fundamental Change occurring pursuant to clause (B)) of the definition thereof, if (i) such Fundamental Change constitutes a Share Exchange Common Stock Change Event whose Reference Property consists entirely of cash in U.S. dollars; (ii) immediately after such Fundamental Change, the Notes become convertible, pursuant to Section 14.07 5.09(A) and, if applicable, Section 14.035.07, into consideration that consists solely of U.S. dollars in an amount per $1,000 aggregate principal amount of Notes that equals or exceeds the Fundamental Change Repurchase Price per $1,000 aggregate principal amount of Notes (which calculated assuming that the same includes accrued and unpaid interest to, but excluding, the latest possible Fundamental Change Repurchase Price will be calculated assuming that such Fundamental Change Repurchase Price includes the maximum amount of accrued but unpaid interest payable as part of the Fundamental Change Repurchase Price Date for such Fundamental Change); and (iii) the Company timely sends the notice relating to such Fundamental Change required pursuant to Section 14.01(b)(iii5.01(C)(i)(3)(b) and includes, in such notice, a statement that the Company is relying on this Section 15.064.02(K).

Amount of Cash Exceeding the Fundamental Change Repurchase Price. Notwithstanding anything to the contrary in this Article 15, the Company will not be required to send a Fundamental Change Notice pursuant to this Article 15, or offer to repurchase or repurchase any Notes pursuant to this Article 15, in connection with a Fundamental Change occurring pursuant to (b)(A) or (b)(B) of the definition thereof, if (i) such Fundamental Change constitutes a Share Exchange Event whose Reference Property consists entirely of cash in U.S. dollars; (ii) immediately after such Fundamental Change, the Notes become convertible, pursuant to Section 14.07 and, if applicable, Section 14.03, into consideration that consists solely of U.S. dollars in an amount per $1,000 aggregate principal amount of Notes that equals or exceeds the Fundamental Change Repurchase Price per $1,000 aggregate principal amount of Notes (which Fundamental Change Repurchase Price will will, if any Special Interest or Additional Interest is accruing on the Notes as of the effective date of such Fundamental Change, be calculated assuming that such Fundamental Change Repurchase Price includes the maximum amount of accrued but unpaid interest Special Interest and Additional Interest, as applicable, payable as part of the Fundamental Change Repurchase Price for such Fundamental Change); and (iii) the Company timely sends the notice relating to such Fundamental Change required pursuant to Section 14.01(b)(iii) and a statement that the Company is relying on this Section 15.06.