Common use of Covenant Not to Purchase Notes Upon Certain Events of Default Clause in Contracts

Covenant Not to Purchase Notes Upon Certain Events of Default. (a) Notwithstanding anything to the contrary in this ARTICLE 3, the Company shall not purchase any Notes under this ARTICLE 3 if there has occurred and is continuing an Event of Default with respect to the Notes, unless the payment by the Company of the Fundamental Change Purchase Price will cure such Event of Default. (b) If a Fundamental Change Purchase Notice is delivered and, on the Fundamental Change Purchase Date, such Fundamental Change Purchase Notice has not been validly withdrawn in accordance with Section 3.03(c) above, and, pursuant to this Section 3.09, the Company is not permitted to purchase Notes, the Paying Agent will deem withdrawn such Fundamental Change Purchase Notice. (c) If a Holder tenders a Note for purchase pursuant to this ARTICLE 3 and, on the Fundamental Change Purchase Date, pursuant to this Section 3.09, the Company is not permitted to purchase such Note, the Paying Agent will (i) if such Note is a Certificated Note, return such Note to such Holder, and (ii) if such Note is held in book-entry form, in compliance with the Applicable Procedures, deem to be cancelled any instructions for book-entry transfer of such Note.

Covenant Not to Purchase Notes Upon Certain Events of Default. (a) Notwithstanding anything to the contrary in this ARTICLE Article 3, the Company shall not purchase any Notes under this ARTICLE Article 3 if there has occurred and is continuing an Event of Default with respect to the Notes, unless the payment by the Company of the Fundamental Change Purchase Price will cure such Event of Default. (b) If a Fundamental Change Purchase Notice is delivered tendered and, on the Fundamental Change Purchase Date, such Fundamental Change Purchase Notice has not been validly withdrawn in accordance with Section 3.03(c3.04(c) above, and, pursuant to this Section 3.093.10, the Company is not permitted to purchase Notes, the Paying Agent will deem withdrawn such Fundamental Change Purchase Notice. (c) If a Holder tenders a Note for purchase pursuant to this ARTICLE Article 3 and, on the Fundamental Change Purchase Date, pursuant to this Section 3.093.10, the Company is not permitted to purchase such Note, the Paying Agent will (i) if such Note is a Certificated Note, return such Note to such Holder, and (ii) if such Note is held in book-entry form, in compliance with the Applicable Procedures, deem to be cancelled any instructions for book-entry transfer of such Note.

Covenant Not to Purchase Notes Upon Certain Events of Default. (a) Notwithstanding anything to the contrary in this ARTICLE Article 3, the Company shall not purchase any Notes under this ARTICLE Article 3 if there has occurred and is continuing an Event of Default with respect to the Notes, unless the payment by the Company of the Fundamental Change Purchase Price will cure such Event of Default. (b) If a Fundamental Change Purchase Notice is delivered and, on the Fundamental Change Purchase Date, such Fundamental Change Purchase Notice has not been validly withdrawn in accordance with Section 3.03(c) above, and, pursuant to this Section 3.09, the Company is not permitted to purchase Notes, the Paying Agent will deem withdrawn such Fundamental Change Purchase Notice. (c) If a Holder tenders a Note for purchase pursuant to this ARTICLE Article 3 and, on the Fundamental Change Purchase Date, pursuant to this Section 3.09, the Company is not permitted to purchase such Note, the Paying Agent will (i) if such Note is a Certificated Note, return such Note to such Holder, and (ii) if such Note is held in book-entry form, in compliance with the Applicable Procedures, deem to be cancelled any instructions for book-entry transfer of such Note.

Covenant Not to Purchase Notes Upon Certain Events of Default. (a) Notwithstanding anything to the contrary in this ARTICLE 3, the Company shall not purchase any Notes under this ARTICLE 3 if there has occurred and is continuing an 000-0000-0000/13/AMERICAS Event of Default with respect to the Notes, unless the payment by the Company of the Fundamental Change Purchase Price will cure such Event of Default. (b) If a Fundamental Change Purchase Notice is delivered and, on the Fundamental Change Purchase Date, such Fundamental Change Purchase Notice has not been validly withdrawn in accordance with Section 3.03(c) above, and, pursuant to this Section 3.09, the Company is not permitted to purchase Notes, the Paying Agent will deem withdrawn such Fundamental Change Purchase Notice. (c) If a Holder tenders a Note for purchase pursuant to this ARTICLE 3 and, on the Fundamental Change Purchase Date, pursuant to this Section 3.09, the Company is not permitted to purchase such Note, the Paying Agent will (i) if such Note is a Certificated Note, return such Note to such Holder, and (ii) if such Note is held in book-entry form, in compliance with the Applicable Procedures, deem to be cancelled any instructions for book-entry transfer of such Note.

Covenant Not to Purchase Notes Upon Certain Events of Default. (a) Notwithstanding anything to the contrary in this ARTICLE Article 3, the Company shall not purchase any no Notes under this ARTICLE 3 if there has occurred and is continuing an Event of Default with respect to the Notes, unless the payment may be purchased by the Company at the option of the Holders on any Fundamental Change Purchase Date if the principal amount of the Notes has been accelerated, and such acceleration has not been rescinded, on or prior to such Fundamental Change Purchase Date (except in the case of an acceleration resulting from a default by the Company in the payment of the Fundamental Change Purchase Price will cure with respect to such Event of DefaultNotes). (b) If a Fundamental Change Purchase Notice is delivered and, on the Fundamental Change Purchase Date, such Fundamental Change Purchase Notice has not been validly withdrawn in accordance with Section 3.03(c) above, and, pursuant to this Section 3.09, the Company is not permitted to purchase Notes, the Paying Agent will deem to be withdrawn such Fundamental Change Purchase Notice. (c) If a Holder tenders surrenders a Note for purchase pursuant to this ARTICLE Article 3 and, on the Fundamental Change Purchase Date, pursuant to this Section 3.09, the Company is not permitted to purchase such Note, the Paying Agent will (i) if such Note is a Certificated Note, return such Note to such Holder, and (ii) if such Note is held in book-entry form, in compliance with the Applicable Procedures, deem to be cancelled any instructions for book-entry transfer of such Note.

Covenant Not to Purchase Notes Upon Certain Events of Default. (a) Notwithstanding anything to the contrary in this ARTICLE Article 3, the Company shall not purchase any Notes under this ARTICLE Article 3 if there has occurred and is continuing an Event of Default with respect to the Notes, unless the payment by the Company of the Fundamental Change Purchase Price will cure such Event of Default. (b) If a Fundamental Change Purchase Notice is delivered tendered and, on the Fundamental Change Purchase Date, such Fundamental Change Purchase Notice has not been validly withdrawn in accordance with Section 3.03(c) above, and, pursuant to this Section 3.09, the Company is not permitted to purchase Notes, the Paying Agent will deem withdrawn such Fundamental Change Purchase Notice. (c) If a Holder tenders a Note for purchase pursuant to this ARTICLE Article 3 and, on the Fundamental Change Purchase Date, pursuant to this Section 3.09, the Company is not permitted to purchase such Note, the Paying Agent will (i) if such Note is a Certificated Note, return such Note to such Holder, and (ii) if such Note is held in book-entry form, in compliance with the Applicable Procedures, deem to be cancelled any instructions for book-entry transfer of such Note.

Covenant Not to Purchase Notes Upon Certain Events of Default. (a) Notwithstanding anything to the contrary in this ARTICLE 3Article III, the Company shall not purchase any Notes under this ARTICLE 3 Article III if there has occurred and is continuing an Event of Default with respect to the Notes, unless the payment by the Company of the Fundamental Change Purchase Price will cure such Event of Default. (b) If a Fundamental Change Purchase Notice is delivered tendered and, on the Fundamental Change Purchase Date, such Fundamental Change Purchase Notice has not been validly withdrawn in accordance with Section 3.03(c) above, and, pursuant to this Section 3.09, the Company is not permitted to purchase Notes, the Paying Agent will deem withdrawn such Fundamental Change Purchase Notice. (c) If a Holder tenders a Note for purchase pursuant to this ARTICLE 3 Article III and, on the Fundamental Change Purchase Date, pursuant to this Section 3.09, the Company is not permitted to purchase such Note, the Paying Agent will (i) if such Note is a Certificated Note, return such Note to such Holder, and (ii) if such Note is held in book-entry form, in compliance with the Applicable Procedures, deem to be cancelled any instructions for book-entry transfer of such Note.