Common use of DEPOSIT OF CHANGE IN CONTROL PURCHASE PRICE Clause in Contracts

DEPOSIT OF CHANGE IN CONTROL PURCHASE PRICE. On or before 11:00 a.m. New York City time on the Change in Control Purchase Date, the Company shall deposit with the Trustee or with a Paying Agent (other than the Company or an Affiliate of the Company) an amount of money (in immediately available funds if deposited on such Change in Control Purchase Date) sufficient to pay the aggregate Change in Control Purchase Price of all the Securities or portions thereof that are to be purchased as of such Change in Control Purchase Date plus accrued interest and Additional Interest, if any. The manner in which the deposit required by this Section 3.10 is made by the Company shall be at the option of the Company; provided that such deposit shall be made in a manner such that the Trustee or a Paying Agent shall have immediately available funds on the Change in Control Purchase Date. If a Paying Agent holds, in accordance with the terms hereof, money sufficient to pay the Change in Control Purchase Price of any Security for which a Change in Control Purchase Notice has been tendered plus accrued interest and Additional Interest, if any, and not withdrawn in accordance with this Indenture then, on the Change in Control Purchase Date, such Security will cease to be outstanding and the rights of the Holder in respect thereof shall terminate (other than the right to receive the Change in Control Purchase Price as aforesaid). The Company shall publicly announce the principal amount of Securities purchased as a result of such Change in Control on or as soon as practicable after the Change in Control Purchase Date. To the extent that the aggregate amount of cash deposited by the Company pursuant to this Section 3.10 exceeds the aggregate Change in Control Purchase Price together with interest and Additional Interest, if any, thereon of the Securities or portions thereof that the Company is obligated to purchase, then promptly after the Change in Control Purchase Date the Trustee or a Paying Agent, as the case may be, shall return any such excess cash to the Company.

DEPOSIT OF CHANGE IN CONTROL PURCHASE PRICE. On or before 11:00 a.m. New York City time on the Change in Control Purchase Date, the Company Obligors shall deposit with the Trustee or with a Paying Agent (other than the Company Obligors or an Affiliate of the CompanyObligors) an amount of money (in immediately available funds if deposited on such Change in Control Purchase Date) or securities sufficient to pay the aggregate Change in Control Purchase Price of all the Securities or portions thereof that are to be purchased as of such Change in Control Purchase Date plus accrued interest and Additional Interest, if anyDate. The manner in which the deposit required by this Section 3.10 3.11 is made by the Company Obligors shall be at the option of the Company; Obligors, provided that such deposit shall be made in a manner such that the Trustee or a Paying Agent shall have immediately available funds on the Change in Control Purchase Date. If a Paying Agent holds, in accordance with the terms hereof, money or securities sufficient to pay the Change in Control Purchase Price of any Security for which a Change in Control Purchase Notice has been tendered plus accrued interest and Additional Interest, if any, and not withdrawn in accordance with this Indenture then, on the Change in Control Purchase Date, such Security interest will cease to be outstanding accrue on such Securities or any portion of the Securities as to which a Change in Control Purchase Notice has been tendered and not withdrawn in accordance with this Indenture, the conversion right pursuant to Article IV hereof with respect to the Securities or any portion of the Securities as to which the election has been made will lapse and all other rights of the Holder in respect thereof shall will terminate (other than the right to receive the Change in Control Purchase Price as aforesaid). The Company shall publicly announce the principal amount of Securities purchased as a result of such Change in Control on or as soon as practicable after Price, without interest from the Change in Control Purchase Date. To the extent that the aggregate amount of cash deposited by the Company pursuant to this Section 3.10 exceeds the aggregate Change in Control Purchase Price together with interest and Additional Interest, if any, thereon on surrender of the Securities Securities. The Obligors shall pay any documentary, stamp or portions thereof that the Company is obligated similar issue or transfer tax due on any issuance of common stock or other securities used to purchase, then promptly after pay the Change in Control Purchase Date Price. However, the Trustee or a Paying Agent, as the case may be, Holder shall return pay any such excess cash to tax which is due because the CompanyHolder requests the shares be issued in a name other than the Holder's name.

DEPOSIT OF CHANGE IN CONTROL PURCHASE PRICE. On or before 11:00 10:00 a.m. New York City time on the Change in Control Purchase Date, the Company shall deposit with the Trustee or with a the Paying Agent (other than the Company or an Affiliate of the Company) an amount of money cash (in immediately available funds if deposited on such Change in Control Purchase Date) and/or Applicable Stock, if permitted hereunder, sufficient to pay the aggregate Change in Control Purchase Price of all the Securities or portions thereof that are to be purchased as of such Change in Control Purchase Date plus accrued interest and Additional InterestDate, if any. The manner such cash and/or Applicable Stock in which percentages of the deposit required by this Section 3.10 is made aggregate Change in Control Price as elected by the Company shall be at the option of the Company; provided that such deposit shall be made in a manner such that the Trustee or a Paying Agent shall have immediately available funds on the Change in Control Purchase Datepursuant to Section 3.04. If a the Paying Agent holds, in accordance with the terms hereof, money and/or Applicable Stock, as permitted hereunder, sufficient to pay the Change in Control Purchase Price of any Security for which a Change in Control Purchase Notice has been tendered plus accrued interest and Additional Interest, if any, and not withdrawn in accordance with this Indenture then, on the Change in Control Purchase Date, such Security will cease to be outstanding and the rights of the Holder in respect thereof shall terminate (other than the right to receive the Change in Control Purchase Price as aforesaid). The Company shall publicly announce the principal amount of Securities purchased as a result of such Change in Control on or as As soon as practicable on and after the Change in Control Purchase Date. To the extent that the aggregate amount of cash deposited by , the Company pursuant shall deliver to this Section 3.10 exceeds each Holder entitled to receive shares of Applicable Stock through the aggregate Paying Agent, a certificate (other than in the case of Holders of Securities in book-entry form with the Depositary, which shares shall be delivered in accordance with the Depositary Applicable Procedures) for the number of full shares of Applicable Stock issuable in payment of the Change in Control Purchase Price together with interest and Additional Interest, if any, thereon cash in lieu of any fractional interests. The person in whose name the Securities or portions thereof that certificate for the Company shares of Applicable Stock is obligated to purchase, then promptly after registered shall be treated as a holder of record of Applicable Stock on the Change in Control Purchase Date Date. No payment or adjustment will be made for dividends on the Trustee shares of Applicable Stock the record date for which occurred on or a Paying Agent, as the case may be, shall return any such excess cash prior to the CompanyChange in Control Purchase Date.