Common use of Company Notice Clause in Contracts

Company Notice. The Company shall deliver a notice (the "Company -------------- Notice") to Holders (and to beneficial owners as required by applicable law) not less than 30 days prior to such Purchase Date (the "Company Notice Date"). The Company Notice shall include a form of Purchase Notice to be completed by a Securityholder and shall state: (i) the Purchase Price and the Conversion Price applicable on the Company Notice Date; (ii) the name and address of the Paying Agent and the Conversion Agent; (iii) that Securities as to which a Purchase Notice has been given by the Holder may be converted pursuant to Article 13 hereof only if the applicable Purchase Notice has been withdrawn in accordance with the terms of this Indenture; (iv) that Securities must be surrendered to the Paying Agent for cancellation to collect payment; (v) that the Purchase Price for any security as to which a Purchase Notice has been given and not withdrawn will be paid promptly following the later of the Purchase Date and the time of surrender of such Security as described in (iv); (vii) the conversion rights of the Securities; (viii) the procedures for withdrawing a Purchase Notice; (ix) that, unless the Company defaults in making payment of such Purchase Price, interest and Additional Amounts, if any, on Securities covered by any Purchase Notice will cease to accrue on and after the Purchase Date; and (x) the CUSIP number of the Securities. At least three Business Days before the Company Notice Date, the Company shall deliver an Officers' Certificate to the Trustee specifying whether the Company desires the Trustee to give the Company Notice. At the Company's request, the Trustee shall give such Company Notice in the Company's name and at the Company's expense; provided, however, that, in all cases, the text of such Company Notice shall be prepared by the Company.

Company Notice. In connection with any purchase of Convertible Notes pursuant to Section 3.3, the Company shall give written notice of the Purchase Date to the Holders (the “Company Notice”). The Company Notice shall deliver a notice (be sent by first-class mail to the "Company -------------- Notice") Trustee and to Holders each Holder (and to each beneficial owners owner as required by applicable law) not less than 30 days 20 Business Days prior to such any Purchase Date (the "“Company Notice Date"”). The Each Company Notice shall include a form of Purchase Notice to be completed by a Securityholder Convertible Noteholder and shall state: (i) the Purchase Price and the Conversion Price applicable on the Company Notice Dateper $1,000 principal amount of Convertible Notes and any Convertible Notes and any adjustment thereto; (ii) the name and address of the Paying Agent and the Conversion Agent; (iii) if an Accounting Event has occurred, whether the Company is electing to pay the Purchase Price in cash or Common Shares; (iv) if an Accounting Event has occurred and the Company has elected to pay the Purchase Price in Common Shares, the Market Price; (v) that Securities Convertible Notes as to which a Purchase Notice has been given by the Holder may be converted pursuant to if they are otherwise convertible only in accordance with Article 13 IV hereof only and paragraph 8 of the Global Security if the applicable Purchase Notice has been withdrawn in accordance with the terms of this Indenture; (ivvi) that Securities Convertible Notes must be surrendered to the Paying Agent for cancellation to collect payment; (vvii) that the Purchase Price for for, and any security accrued interest on, any Convertible Note as to which a Purchase Notice has been given and not withdrawn will be paid promptly on the third Business Day following the later of the Purchase Date and the time of surrender of such Security as described in (iv); (vii) the conversion rights of the SecuritiesDate; (viii) the procedures the Holder must follow to exercise rights under Section 3.3 and a brief description of those rights; (ix) briefly, the conversion rights of the Convertible Notes; (x) the procedures for withdrawing a Purchase NoticeNotice (including pursuant to the terms of Section 3.5); (ixxi) that, unless the Company defaults in making payment of such payments on Convertible Notes for which a Purchase PriceNotice has been submitted, interest and Additional Amounts, if any, on Securities covered by any Purchase Notice such Convertible Notes will cease to accrue on and after the Purchase Date; and (xxii) the CUSIP number of the Securities. At least three Business Days before the Company Notice Date, the Company shall deliver an Officers' Certificate to the Trustee specifying whether the Company desires the Trustee to give the Company NoticeConvertible Notes. At the Company's ’s request, the Trustee shall give such Company Notice in the Company's ’s name and at the Company's ’s expense; provided, however, however that, in all cases, the text of such Company Notice shall be prepared by the Company.

Company Notice. The Company On or prior to the 15th day after the occurrence of a Fundamental Change, the Company, or, at the written request and expense of the Company, on or prior to the 15th day after such occurrence, the Trustee, shall deliver give to all Holders of Securities notice, in the manner provided in Section 14.02 hereof, of the occurrence of the Fundamental Change and of the Repurchase Right set forth herein arising as a notice result thereof (the "“Company -------------- Notice") to Holders (and to beneficial owners as required by applicable law) not less than 30 days prior to such Purchase Date (the "Company Notice Date"”). The Company Notice shall include also deliver a form copy of Purchase Notice such notice of a Repurchase Right to be completed by the Trustee. Each notice of a Securityholder and Repurchase Right shall state: (i) the Purchase Price and the Conversion Price applicable on the Company Notice Repurchase Date; (ii) the name and address of date by which the Paying Agent and the Conversion AgentRepurchase Right must be exercised; (iii) that Securities as to which a Purchase Notice has been given by the Holder may be converted pursuant to Article 13 hereof only if the applicable Purchase Notice has been withdrawn in accordance with the terms of this IndentureRepurchase Price; (iv) a description of the procedure that a Holder must follow to exercise a Repurchase Right, and the place or places where such Securities must are to be surrendered to for payment of the Paying Agent for cancellation to collect paymentRepurchase Price; (v) that on the Purchase Repurchase Date the Repurchase Price for any security as to which a Purchase Notice has been given will become due and not withdrawn will be paid promptly following the later of the Purchase Date and the time of surrender of payable upon each such Security as described in (iv); (vii) designated by the conversion rights of the Securities; (viii) the procedures for withdrawing a Purchase Notice; (ix) thatHolder to be repurchased, unless the Company defaults in making payment of such Purchase Price, and that interest and Additional Amounts, if any, on Securities covered by any Purchase Notice will thereon shall cease to accrue on and after said date; (vi) the Purchase DateConversion Rate then in effect, the date on which the right to convert the principal amount of the Securities to be repurchased will terminate and the place where such Securities may be surrendered for conversion; and (xvii) the CUSIP number place or places where such Securities, together with the Notice of Exercise of Repurchase Right certificate included in Exhibit A annexed hereto are to be delivered for payment of the SecuritiesRepurchase Price. At least three Business Days before No failure of the Company Notice Date, the Company shall deliver an Officers' Certificate to the Trustee specifying whether the Company desires the Trustee to give the Company Notice. At foregoing notices or defect therein shall limit any Holder’s right to exercise a Repurchase Right or affect the Company's request, validity of the Trustee shall give such Company Notice in proceedings for the Company's name and at the Company's expense; provided, however, that, in all cases, the text repurchase of such Company Notice shall be prepared by the CompanySecurities.

Company Notice. In connection with any purchase of Securities pursuant to Section 3.08 or 3.09, the Company shall give written notice of the Purchase Date or Change in Control Purchase Date, as applicable, to the Holders (the “Company Notice”). The Company Notice shall deliver a notice (be sent by first-class mail to the "Company -------------- Notice") to Holders (Trustee and to beneficial owners as required by applicable law) each Holder not less than 30 days Business Days prior to such any Purchase Date (the "“Company Notice Date")”) or not more than 30 days after the occurrence of a Change in Control, as the case may be. The Each Company Notice shall include a form of Purchase Notice or Change in Control Purchase Notice, as applicable, to be completed by a Securityholder Holder and shall state: (i) the Purchase Price and the Price, Change in Control Purchase Price, Conversion Price applicable and, to the extent known at the time of such notice, the amount of Liquidated Damages, if any, that will be payable with respect to the Securities on the Company Notice Purchase Date; (ii) the name and address of the Paying Agent and the Conversion Agent; (iii) that Securities as to which a Purchase Notice or Change in Control Purchase Notice has been given by the Holder may be converted pursuant to Article 13 hereof only if the applicable Purchase Notice or Change in Control Purchase Notice has been withdrawn in accordance with the terms of this Indenture; (iv) that Securities must be surrendered to the Paying Agent for cancellation to collect paymentpayment of the Purchase Price or Change in Control Purchase Price and accrued but unpaid interest and Liquidated Damages, if any; (v) that the Purchase Price or Change in Control Purchase Price for any security Securities as to which a Purchase Notice or Change in Control Purchase Notice has been given and not withdrawn will withdrawn, together with any accrued Liquidated Damages payable with respect thereto, shall be paid promptly following the later of the Purchase Date or Change in Control Purchase Date and the time of surrender of such Security Securities as described in (iv); (vi) the procedures the Holder must follow under Section 3.08 or Section 3.09, as the case may be; (vii) briefly, the conversion rights of the Securities; (viii) the procedures for withdrawing a Purchase Notice; (ix) that, unless the Company defaults in making payment of such Purchase Price or Change in Control Purchase Price, interest and Additional Amounts(including Liquidated Damages, if any, ) on Securities covered by any Purchase Notice or Change in Control Purchase Notice will cease to accrue on and after the Purchase Date or Change in Control Purchase Date; (ix) the CUSIP number of the Securities; and (x) the CUSIP number of the Securities. At least three Business Days before the Company procedures for withdrawing a Purchase Notice Date, the Company shall deliver an Officers' Certificate to the Trustee specifying whether the Company desires the Trustee to give the Company Noticeor Change in Control Purchase Notice (as specified in Section 3.10). At the Company's ’s request, which shall be made at least five Business Days prior to the date by which the Company Notice must be given to the Holders in accordance with this Section 3.08, and at the Company’s expense, the Trustee shall give such the Company Notice in the Company's name and at the Company's expense’s name; provided, however, provided that, in all cases, the text of such the Company Notice shall be prepared by the Company.

Company Notice. The In connection with any purchase of Notes pursuant to Section 3.08 or 3.09, the Company shall deliver a give written notice of the Purchase Date or Change of Control Purchase Date, as applicable, to the Holders (the "Company -------------- Notice") ). The Company Notice shall be sent by first-class mail to Holders (the Trustee and to beneficial owners as required by applicable law) each Holder not less than 30 days Business Days prior to such any Purchase Date (the "Company Notice Date")) or not more than 30 days after the occurrence of a Change of Control, as the case may be. The Each Company Notice shall include a form of Purchase Notice to be completed by a Securityholder Holder and shall state, as applicable: (i) the Purchase Price and the Price, Change of Control Purchase Price, Conversion Price applicable and, to the extent known at the time of such notice, the amount of Contingent Interest and Additional Amounts, if any, that will be payable with respect to the Notes on the Company Notice Purchase Date or the Change of Control Purchase Date, as applicable; (ii) the name and address of the Paying Agent and the Conversion Agent; (iii) that Securities Notes as to which a Purchase Notice or Change of Control Purchase Notice has been given by the Holder may be converted pursuant to Article 13 hereof only if the applicable Purchase Notice or Change of Control Purchase Notice has been withdrawn in accordance with the terms of this Indenture; (iv) that Securities Notes must be surrendered to the Paying Agent for cancellation to collect paymentpayment of the Purchase Price or Change of Control Purchase Price and accrued but unpaid interest and Contingent Interest and Additional Amounts, if any; (v) that the Purchase Price or Change of Control Purchase Price for any security Notes as to which a Purchase Notice or Change of Control Purchase Notice has been given and not withdrawn will withdrawn, together with any accrued Contingent Interest and Additional Amounts payable with respect thereto, shall be paid promptly following the later of the Purchase Date or Change of Control Purchase Date, as applicable, and the time of surrender of such Security Notes as described in (iv); (vi) the procedures the Holder must follow under Section 3.08 or Section 3.09, as the case may be; (vii) briefly, the conversion rights of the SecuritiesNotes; (viii) the procedures for withdrawing a Purchase Notice; (ix) that, unless the Company defaults in making payment of such Purchase Price or Change of Control Purchase Price, interest (including Contingent Interest and Additional Amounts, if any), on Securities Notes covered by any Purchase Notice or Change of Control Purchase Notice will cease to accrue on and after the Purchase Date or Change of Control Purchase Date, as applicable; (ix) the CUSIP number of the Notes; and (x) the CUSIP number procedures for withdrawing a Purchase Notice or Change of the Securities. At least three Business Days before the Company Control Purchase Notice Date, the Company shall deliver an Officers' Certificate to the Trustee specifying whether the Company desires the Trustee to give the Company Notice(as specified in Section 3.10). At the Company's requestrequest and at the Company's expense, the Trustee shall give such the Company Notice in the Company's name and at the Company's expensename; provided, however, that, in all cases, the text of such the Company Notice shall be prepared by or at the direction of the Company.

Company Notice. The In connection with any purchase of Securities pursuant to Section 3.08 or 3.09, the Company shall deliver a give written notice of the Purchase Date or Change in Control Purchase Date, as applicable, to the Holders (the "Company -------------- Notice") ). The Company Notice shall be sent by first-class mail to Holders (the Trustee and to beneficial owners as required by applicable law) each Holder not less than 30 days Business Days prior to such any Purchase Date (the "Company Notice Date")) or not less than 30 days after the occurrence of a Change in Control, as the case may be. The Each Company Notice shall include a form of Purchase Notice to be completed by a Securityholder Holder and shall state: In the event the Company has elected to pay a Purchase Price or Change in Control Purchase Price (or a specified percentage thereof) with Common Stock, the Company Notice shall: (i) state that each Holder shall receive Common Stock in respect of the specified percentage of the Purchase Price or Change in Control Purchase Price of the Securities held by such Holder (except any cash amount to be paid in lieu of fractional share); (ii) state that the total number of shares of Common Stock to be issued to Holders will be equal to the quotient obtained by dividing (i) the amount of cash to which the Holders would have been entitled had the Company elected to pay all or such specified percentage, as the case may be, of the Purchase Price or Change in Control Purchase Price of such Securities in cash by (ii) 0.975 multiplied the Market Price of a share of Common Stock; (iii) set forth the method of calculating the Market Price of the Common Stock; and (iv) state that because the Market Price of Common Stock will be determined prior to the Purchase Date or Change in Control Purchase Date, Holders will bear the market risk with respect to the value of the Common Stock to be received from the date such Market Price is determined to the Purchase Date. In any case, each Company Notice shall state: (i) the Purchase Price and the Price, Change in Control Purchase Price, Conversion Price applicable and, to the extent known at the time of such notice, the amount of contingent interest, if any, that will be payable with respect to the Securities on the Company Notice Purchase Date; (ii) the name and address of the Paying Agent and the Conversion Agent; (iii) that Securities as to which a Purchase Notice or Change in Control Purchase Notice has been given by the Holder may be converted pursuant to Article 13 hereof only if the applicable Purchase Notice or Change in Control Purchase Notice has been withdrawn in accordance with the terms of this Indenture; (iv) that Securities must be surrendered to the Paying Agent for cancellation to collect paymentpayment of the Purchase Price or Change in Control Purchase Price and accrued but unpaid interest and contingent interest and Liquidated Damages, if any; (v) that the Purchase Price or Change in Control Purchase Price for any security Securities as to which a Purchase Notice or Change in Control Purchase Notice has been given and not withdrawn will withdrawn, together with any accrued contingent interest payable with respect thereto, shall be paid promptly following the later of the Purchase Date or Change in Control Purchase Date and the time of surrender of such Security Securities as described in (iv); (vi) the procedures the Holder must follow under Section 3.08 or Section 3.09, as the case may be; (vii) briefly, the conversion rights of the Securities; (viii) the procedures for withdrawing a Purchase Notice; (ix) that, unless the Company defaults in making payment of such Purchase Price or Change in Control Purchase Price, interest (including contingent interest, if any) and Additional AmountsLiquidated Damages, if any, on Securities covered by any Purchase Notice or Change in Control Purchase Notice will cease to accrue on and after the Purchase Date or Change in Control Purchase Date; (ix) the CUSIP or ISIN number of the Securities; and (x) the CUSIP number procedures for withdrawing a Purchase Notice or Change in Control Purchase Notice (including, without limitation, for a conditional withdrawal pursuant to the terms of Section 3.08(a)(i)(D) or the penultimate paragraph of the Securities. At least three Business Days before the Company Notice Date, the Company shall deliver an Officers' Certificate to the Trustee specifying whether the Company desires the Trustee to give the Company Change in Control Purchase Notice). At the Company's requestrequest and at the Company's expense, the Trustee shall give such the Company Notice in the Company's name and at the Company's expensename; provided, however, that, in all cases, the text of such the Company Notice shall be prepared by the Company.