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 Obligors shall deposit with the Trustee or with a Paying Agent (other than the Obligors or an Affiliate of the Obligors) 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. The manner in which the deposit required by this Section 3.11 is made by the Obligors shall be at the option of the 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in Control Purchase Price of any Security for which a Change in Control Purchase Notice has been tendered and not withdrawn in accordance with this Indenture then, on the Change in Control Purchase Date, interest will cease to accrue on such Securities or any portion of the Securities as to which a Change in Control Purchase Notice has been tendered and not withdrawn in accordance with this Indenture, the conversion right pursuant to Article IV hereof with respect to the Securities or any portion of the Securities as to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 will terminate other than the right to receive the Change in Control Purchase Price, without interest from the Change in Control Purchase Date, on surrender of the Securities. The Obligors shall pay any documentary, stamp or similar issue or transfer tax due on any issuance of common stock or other securities used to pay the Change in Control Purchase Price. However, the Holder shall pay any such tax which is due because the Holder 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 a.m. New York City time on the Change in Control Purchase Date, the Obligors Company shall deposit with the Trustee or with a Paying Agent (other than the Obligors Company or an Affiliate of the ObligorsCompany) 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 DateDate plus accrued interest and Additional Interest, if any. The manner in which the deposit required by this Section 3.11 3.10 is made by the Obligors Company shall be at the option of the Obligors, 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 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, interest such Security will cease to accrue on such Securities or any portion of be outstanding and 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 will in respect thereof shall terminate (other than the right to receive the Change in Control Purchase Price, without interest from 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, on surrender if any, thereon of the Securities. The Obligors shall pay any documentarySecurities or portions thereof that the Company is obligated to purchase, stamp or similar issue or transfer tax due on any issuance of common stock or other securities used to pay then promptly after the Change in Control Purchase Price. HoweverDate the Trustee or a Paying Agent, as the Holder case may be, shall pay return any such tax which is due because excess cash to the Holder requests the shares be issued in a name other than the Holder's nameCompany.

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 Obligors Company shall deposit with the Trustee or with a the Paying Agent (other than the Obligors Company or an Affiliate of the ObligorsCompany) an amount of money cash (in immediately available funds if deposited on such Change in Control Purchase Date) or securities 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. The manner , such cash and/or Applicable Stock in which the deposit required by this Section 3.11 is made by the Obligors shall be at the option percentages of the 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 aggregate Change in Control Purchase DatePrice as elected by the Company pursuant to Section 3.04. If a the Paying Agent holds, in accordance with the terms hereof, money or securities 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 and not withdrawn in accordance with this Indenture then, on the Change in Control Purchase Date, interest such Security will cease to accrue on such Securities or any portion of be outstanding and 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 will in respect thereof shall terminate (other than the right to receive the Change in Control Purchase Price, without interest from Price as aforesaid). As soon as practicable on and after the Change in Control Purchase Date, on surrender the Company shall deliver to each Holder entitled to receive shares of Applicable Stock through the Securities. The Obligors Paying Agent, a certificate (other than in the case of Holders of Securities in book-entry form with the Depositary, which shares shall pay any documentary, stamp or similar issue or transfer tax due on any issuance be delivered in accordance with the Depositary Applicable Procedures) for the number of common stock or other securities used to pay full shares of Applicable Stock issuable in payment of the Change in Control Purchase PricePrice and cash in lieu of any fractional interests. However, The person in whose name the Holder shall pay any such tax which is due because the Holder requests certificate for the shares of Applicable Stock is registered shall be issued treated as a holder of record of Applicable Stock on the Change in a name other than Control Purchase Date. No payment or adjustment will be made for dividends on the Holder's nameshares of Applicable Stock the record date for which occurred on or prior to the Change in Control Purchase Date.