Common use of Deposit and Payment of the Applicable Repurchase Price Clause in Contracts

Deposit and Payment of the Applicable Repurchase Price. (a) If a Holder has exercised its rights pursuant to Section 11.1(a) or 11.1(b) and has satisfied the conditions for the exercise of such rights in accordance with Section 11.4(a) or 11.4(b), as the case may be, then the Company shall, prior to 10:00 a.m. (New York City time) on the applicable Repurchase Date deposit with the Trustee or with the Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.5) an amount of money in immediately available funds if deposited on such Business Day sufficient to pay the aggregate Repurchase Price of all the Debentures or portions thereof which are to be purchased on such applicable Repurchase Date, and the Trustee or Paying Agent, as applicable, shall pay the Holder the Repurchase Price multiplied by the principal amount of Debentures for which such rights were exercised on the applicable Repurchase Date. (b) There shall be no purchase of any Debenture pursuant to Section 11.1(a) or 11.1(b) if there has occurred (prior to, on or after, as applicable, the giving, by the Holders of such Debenture, of the required Repurchase Notice) and is continuing an Event of Default (other than a default in the payment of the Repurchase Price with respect to such Debenture). The Paying Agent will promptly return to the respective Holders thereof any Debenture (x) with respect to which a Repurchase Notice has been withdrawn in compliance with this Indenture, or (y) held by it during the continuance of an Event of Default (other than a default in the payment of the Repurchase Price with respect to such Securities) in which case, upon such return, the Repurchase Notice with respect thereto shall be deemed to have been withdrawn. (c) If any Debenture delivered for purchase pursuant to Section 11.1(a) or 11.1(b) shall not be so paid on the Repurchase Date, the principal amount of such Debenture shall, until it is paid, bear Interest (including Contingent Interest) from the purchase date to but not including the date of actual payment hereunder at the applicable Interest Rate, and each such Debenture shall remain convertible pursuant to Article 12 until such Debenture shall have been paid.

Deposit and Payment of the Applicable Repurchase Price. (a) If a Holder has exercised its rights pursuant to Section 11.1(a) or 11.1(b) and has satisfied the conditions for the exercise of such rights in accordance with Section 11.4(a) or 11.4(b), as the case may be, then the Company shall, prior to 10:00 a.m. (New York City time) on the Business Day following the applicable Repurchase Rxxxxxxxxx Date deposit with the Trustee or with the Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.52.4) an amount of money in immediately available funds if deposited on such Business Day sufficient to pay the aggregate Repurchase Price of all the Debentures or portions thereof which are to be purchased on such applicable Repurchase Date, and the Trustee or Paying Agent, as applicable, shall pay the Holder the Repurchase Price multiplied by the principal amount of Debentures for which such rights were exercised on the applicable Repurchase Date. (b) There shall be no purchase of any Debenture pursuant to Section 11.1(a) or 11.1(b) if there has occurred (prior to, on or after, as applicable, the giving, by the Holders of such Debenture, of the required Repurchase Notice) and is continuing an Event of Default (other than a default in the payment of the Repurchase Price with respect to such Debenture). The Paying Agent will promptly return to the respective Holders thereof any Debenture (x) with respect to which a Repurchase Notice has been withdrawn in compliance with this Indenture, or (y) held by it during the continuance of an Event of Default (other than a default in the payment of the Repurchase Price with respect to such Securities) in which case, upon such return, the Repurchase Notice with respect thereto shall be deemed to have been withdrawn. (c) If any Debenture delivered for purchase pursuant to Section 11.1(a) or 11.1(b) shall not be so paid on the Repurchase Date, the principal amount of such Debenture shall, until it is paid, bear Interest (including Contingent Interest) from the purchase date to but not including the date of actual payment hereunder at the applicable Interest Rate, and each such Debenture shall remain convertible pursuant to Article 12 until such Debenture shall have been paid.

Deposit and Payment of the Applicable Repurchase Price. (a) If a Holder has exercised its rights pursuant to Section 11.1(a) or 11.1(b) and has satisfied the conditions for the exercise of such rights in accordance with Section 11.4(a) or 11.4(b), as the case may be, then the Company shall, prior to 10:00 a.m. (New York City time) on the applicable Repurchase Date deposit with the Trustee or with the Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.5) an amount of money in immediately available funds if deposited on such Business Day sufficient to pay the aggregate Repurchase Price of all the Debentures CODES or portions thereof which are to be purchased on such applicable Repurchase Date, and the Trustee or Paying Agent, as applicable, applicable shall pay the Holder the Repurchase Price multiplied by the principal amount of Debentures CODES for which such rights were exercised on the applicable Repurchase Date. (b) There shall be no purchase of any Debenture CODES pursuant to Section 11.1(a) or 11.1(b) if there has occurred (prior to, on or after, as applicable, the giving, by the Holders of such DebentureCODES, of the required Repurchase Notice) and is continuing an Event of Default (other than a default in the payment of the Repurchase Price with respect to such DebentureCODES). The Paying Agent will promptly return to the respective Holders thereof any Debenture CODES (x) with respect to which a Repurchase Notice has been withdrawn in compliance with this Indenture, or (y) held by it during the continuance of an Event of Default (other than a default in the payment of the Repurchase Price with respect to such Securities) in which case, upon such return, the Repurchase Notice with respect thereto shall be deemed to have been withdrawn. (c) If any Debenture CODES delivered for purchase pursuant to Section 11.1(a) or 11.1(b) shall not be so paid on the Repurchase Date, the principal amount of such Debenture CODES shall, until it is paid, bear Interest (including Contingent Interest) from the purchase date to but not including the date of actual payment hereunder at the applicable Interest Rate, and each such Debenture CODES shall remain convertible into shares of Common Stock pursuant to Article 12 until such Debenture CODES shall have been paid.

Deposit and Payment of the Applicable Repurchase Price. (a) If a Holder has exercised its rights pursuant to Section 11.1(a) or 11.1(b) and has satisfied the conditions for the exercise of such rights in accordance with Section 11.4(a) or 11.4(b), as the case may be, then the Company shall, prior to 10:00 a.m. (New York City time) on the Business Day following the applicable Repurchase Date deposit with the Trustee or with the Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.52.4) an amount of money in immediately available funds if deposited on such Business Day sufficient to pay the aggregate Repurchase Price of all the Debentures CODES or portions thereof which are to be purchased on such applicable Repurchase Date, and the Trustee or Paying Agent, as applicable, applicable shall pay the Holder the Repurchase Price multiplied by the principal amount of Debentures CODES for which such rights were exercised on the applicable Repurchase Date. (b) There shall be no purchase of any Debenture CODES pursuant to Section 11.1(a) or 11.1(b) if there has occurred (prior to, on or after, as applicable, the giving, by the Holders of such DebentureCODES, of the required Repurchase Notice) and is continuing an Event of Default (other than a default in the payment of the Repurchase Price with respect to such DebentureCODES). The Paying Agent will promptly return to the respective Holders thereof any Debenture CODES (x) with respect to which a Repurchase Notice has been withdrawn in compliance with this Indenture, or (y) held by it during the continuance of an Event of Default (other than a default in the payment of the Repurchase Price with respect to such Securities) in which case, upon such return, the Repurchase Notice with respect thereto shall be deemed to have been withdrawn. (c) If any Debenture CODES delivered for purchase pursuant to Section 11.1(a) or 11.1(b) shall not be so paid on the Repurchase Date, the principal amount of such Debenture CODES shall, until it is paid, bear Interest (including Contingent Interest) from the purchase date to but not including the date of actual payment hereunder at the applicable Interest Rate, and each such Debenture CODES shall remain convertible into shares of Common Stock pursuant to Article 12 until such Debenture CODES shall have been paid.. 64 71