Common use of Deposit of Change of Control Repurchase Price Clause in Contracts

Deposit of Change of Control Repurchase Price. (a) On or before 12:00 p.m. (noon) on the Business Day prior to the applicable Change of Control Repurchase Date, the Issuer shall deposit with the Trustee an amount of money (in immediately available funds), sufficient to pay the aggregate Change of Control Repurchase Price of all the Debentures or portions thereof that are to be purchased as of such Change of Control Repurchase Date, together with accrued and unpaid interest to but excluding the Change of Control Repurchase Date on such Debentures or portions thereof. (b) If the Trustee holds, in accordance with the terms hereof, money sufficient to pay the Change of Control Repurchase Price and accrued interest of any Debenture for which a Change of Control Repurchase Notice has been tendered and not withdrawn in accordance with this Indenture then, on the Change of Control Repurchase Date, such Debenture will cease to be outstanding, whether or not the Debenture is delivered to the Trustee, and interest shall cease to accrue, and the rights of the Holder in respect of the Debenture shall terminate (other than the right to receive the Change of Control Repurchase Price and accrued and unpaid interest as aforesaid). The Issuer shall publicly announce the principal amount of Debentures repurchased on or as soon as practicable after the Change of Control Repurchase Date. (c) The Trustee will promptly return to the respective Holders thereof any Debentures with respect to which a Change of Control Repurchase Notice has been withdrawn in compliance with this Indenture. (d) If a Change of Control Repurchase Date falls after an Interest Record Date and on or before the related Interest Payment Date, then interest on the Debentures payable on such Change of Control Repurchase Date will instead be payable to the Holders in whose names the Debentures are registered at the close of business on such Interest Record Date.

Deposit of Change of Control Repurchase Price. (a) On or before 12:00 p.m. (noon) Prior to 10:00 a.m., New York City time, on the Business Day prior to the applicable Change of Control Repurchase Date, the Issuer Company shall deposit with the Trustee 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 2.4) an amount of money cash (in immediately available funds)funds if deposited on such Business Day) and/or Applicable Stock, if permitted hereunder, sufficient to pay the aggregate Change of Control Repurchase Price of all the Debentures Securities or portions thereof that which are to be purchased repurchased as of such Change of Control Repurchase Date, together with accrued and unpaid interest to but excluding the Change of Control Repurchase Date on such Debentures or portions thereof. (b) . If the Trustee Paying Agent holds, in accordance with the terms hereof, money at 10:00 a.m., New York City time, on the applicable Change of Control Repurchase Date, cash and/or Applicable Stock, if permitted hereunder, sufficient to pay the Change of Control Repurchase Price and accrued interest of any Debenture Securities for which a Change of Control Repurchase Notice has been tendered and not withdrawn in accordance with this Indenture pursuant to Section 5.3, then, on the such Change of Control Repurchase Date, such Debenture Securities will cease to be outstandingoutstanding and interest and Additional Amounts, if any, on such Securities will cease to accrue, whether or not the Debenture is such Securities are delivered to the Trustee, and interest shall cease to accruePaying Agent, and the rights of the Holder Holders in respect of the Debenture thereof shall terminate (other than the right to receive the Change of Control Repurchase Price and accrued and unpaid interest as aforesaidupon delivery of such Securities). The Issuer shall publicly announce the principal amount of Debentures repurchased on or as As soon as practicable on and after the Change of Control Repurchase Date. (c) The Trustee will promptly return , the Company shall deliver to each Holder entitled to receive shares of Applicable Stock through the respective Holders thereof any Debentures with respect to which Paying Agent, a certificate for the number of full shares of Applicable Stock issuable in payment of the Change of Control Repurchase Notice has been withdrawn Price and cash in compliance with this Indenture. (d) If lieu of any fractional interests. The person in whose name the certificate for the shares of Applicable Stock is registered shall be treated as a holder of record of Applicable Stock on the Business Day following the Change of Control Repurchase Date falls after an Interest Record Date and Date. No payment or adjustment will be made for dividends on the shares of Applicable Stock the record date for which occurred on or before prior to the related Interest Payment Date, then interest on the Debentures payable on such Change of Control Repurchase Date will instead be payable to the Holders in whose names the Debentures are registered at the close of business on such Interest Record Date.

Deposit of Change of Control Repurchase Price. Prior to the close of business (a) On or before 12:00 p.m. (noonNew York City time) on the Business Day business day prior to the applicable Change of Control Repurchase Date, the Issuer Company shall 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 2.04) an amount of money (in immediately available funds)funds if deposited on such business day) or shares of Common Stock or Acquiror Securities, as applicable, sufficient to pay the aggregate Change of Control Repurchase Price together with accrued but unpaid interest (including Contingent Interest and Additional Amount, if any) thereon, to but not including the Change of Control Repurchase Date of all the Debentures or portions thereof that which are to be purchased as of such the Change of Control Repurchase Date, together with accrued and unpaid interest to but excluding the Change of Control Repurchase Date on such Debentures or portions thereof. (b) . If the Trustee holds, in accordance with the terms hereof, Paying Agent holds money or securities sufficient to pay the Change of Control Repurchase Price and accrued interest of any Debenture for which a Change of Control Repurchase Notice has been tendered and not withdrawn in accordance with this Indenture then, the Debentures on the business day following the Change of Control Repurchase Date, then, on and after such Debenture date: (a) the Debentures will cease to be outstanding, outstanding and interest will cease to accrue (whether or not book-entry transfer of the Debenture is Debentures has been made or the Debentures have been delivered to the Trustee, Paying Agent); and interest shall cease to accrue, and the (b) all other rights of the Holder in respect of the Debenture shall Holders will terminate (other than the right to receive the Change of Control Repurchase Price and accrued and unpaid interest as aforesaidupon transfer or delivery of the Debentures). The Issuer shall publicly announce the principal amount of Debentures repurchased on or as soon as practicable after the Change of Control Repurchase Date. (c) The Trustee will promptly return to the respective Holders thereof any Debentures with respect to which a Change of Control Repurchase Notice has been withdrawn in compliance with this Indenture. (d) If a Change of Control Repurchase Date falls after an Interest Record Date and on or before the related Interest Payment Date, then interest on the Debentures payable on such Change of Control Repurchase Date will instead be payable to the Holders in whose names the Debentures are registered at the close of business on such Interest Record Date.

Deposit of Change of Control Repurchase Price. (a) On or before 12:00 p.m. (noon) on the Business Day prior to the applicable Change of Control Repurchase Date, the Issuer shall The Company will deposit with the Trustee an amount of money (or other Paying Agent appointed by the Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in immediately available funds)trust as provided in Section 4.04) on or prior to 11:00 a.m., sufficient to pay the aggregate Change of Control Repurchase Price of all the Debentures or portions thereof that are to be purchased as of such Change of Control Repurchase DateNew York City time, together with accrued and unpaid interest to but excluding on the Change of Control Repurchase Date an amount of money sufficient to repurchase all of the Notes to be repurchased at the appropriate Change of Control Repurchase Price. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for Notes surrendered for repurchase (and not withdrawn prior to the close of business on the Business Day immediately preceding the Change of Control Repurchase Date) will be made on the later of (i) the Change of Control Repurchase Date (provided the Holder has satisfied the conditions in Section 15.02) and (ii) the time of book-entry transfer or the delivery of such Debentures Note to the Trustee (or portions thereofother Paying Agent appointed by the Company) by the Holder thereof in the manner required by Section 15.02 by mailing checks for the amount payable to the Holders of such Notes entitled thereto as they shall appear in the Note Register; provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Change of Control Repurchase Price. (b) If the Trustee holds, in accordance with the terms hereof, money sufficient to pay the Change of Control Repurchase Price and accrued interest of any Debenture for which a Change of Control Repurchase Notice has been tendered and not withdrawn in accordance with this Indenture thenby 11:00 a.m. New York City time, on the Change of Control Repurchase Date, the Trustee (or other Paying Agent appointed by the Company) holds money sufficient to make payment on all the Notes or portions thereof that are to be repurchased on such Debenture Change of Control Repurchase Date, then, with respect to the Notes that have been properly surrendered for repurchase and have not been validly withdrawn in accordance with the provisions of this Indenture, (i)such Notes will cease to be outstanding, (ii)interest will cease to accrue on such Notes (whether or not book-entry transfer of the Debenture is Notes has been made or the Notes have been delivered to the Trustee, Trustee or Paying Agent) and interest shall cease to accrue, and the (iii) all other rights of the Holder in respect Holders of the Debenture shall such Notes will terminate (other than the right to receive the Change of Control Repurchase Price and accrued and unpaid and, if applicable, interest as aforesaidpayable on the next Interest Payment Date). The Issuer shall publicly announce the principal amount of Debentures repurchased on or as soon as practicable after the Change of Control Repurchase Date. (c) The Upon surrender of a Note that is to be repurchased in part pursuant to Section 15.02, the Company shall execute and the Trustee will promptly return shall authenticate and deliver to the respective Holders thereof any Debentures with respect to which Holder a Change of Control Repurchase Notice has been withdrawn new Note in compliance with this Indenture. (d) If a Change of Control Repurchase Date falls after an Interest Record Date and on or before the related Interest Payment Date, then interest on the Debentures payable on such Change of Control Repurchase Date will instead be payable authorized denomination equal in principal amount to the Holders in whose names unrepurchased portion of the Debentures are registered at the close of business on such Interest Record DateNote surrendered.

Deposit of Change of Control Repurchase Price. (a) On or before 12:00 p.m. (noon) (Eastern Time) on the Business Day prior to the applicable Change of Control Repurchase Repurchase/Conversion Date, the Issuer shall deposit with the Trustee an amount of money (in immediately available funds), sufficient to pay the aggregate Change of Control Repurchase Price of all the Debentures or portions thereof that are to be purchased as of such Change of Control Repurchase Repurchase/Conversion Date, together with accrued and unpaid interest up to but excluding the Change of Control Repurchase Repurchase/Conversion Date (less any tax required by law to be deducted in respect of accrued and unpaid interest) on such Debentures or portions thereof. (b) If the Trustee holds, in accordance with the terms hereof, money sufficient to pay the Change of Control Repurchase Price and accrued interest of any Debenture for which a Change of Control Repurchase Notice Holder Election has been tendered and not withdrawn in accordance with this Indenture then, on the Change of Control Repurchase Repurchase/Conversion Date, such Debenture will cease to be outstandingOutstanding, whether or not the Debenture is delivered to the Trustee, and interest shall cease to accrue, and the rights of the Holder in respect of the Debenture shall terminate (other than the right to receive the Change of Control Repurchase Price and accrued and unpaid interest as aforesaid). The Issuer shall publicly announce the principal amount of Debentures repurchased on or as soon as practicable after the Change of Control Repurchase Repurchase/Conversion Date. No amount will be paid on account of the principal amount of any Debenture so repurchased until the debenture has been presented to the Trustee for cancellation. (c) The Trustee will promptly return to the respective Holders thereof any Debentures with respect to which a Change of Control Repurchase Notice Holder Election has been withdrawn in compliance with this Indenture. (d) If a Change of Control Repurchase Repurchase/Conversion Date falls after an Interest Record Date and on or before the related Interest Payment Date, then interest on the Debentures payable on such Change of Control Repurchase Repurchase/Conversion Date will instead be payable to the Holders in whose names the Debentures are registered at the close of business on such Interest Record Date.

Deposit of Change of Control Repurchase Price. (a) On or before 12:00 p.m. (noon) 11:00 a.m. Toronto time on the Business Day prior to following the applicable Change of Control Repurchase Date, the Issuer Company shall deposit with the Trustee or with a Paying Agent (or if the Company or an Affiliate of the Company is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.6) an amount of money (in immediately available funds)funds if deposited on or after such Change of Control Repurchase Date) and/or subject to and in accordance with Section 3.13, a number of Shares, sufficient to pay the aggregate Change of Control Repurchase Price of all the Debentures Securities or portions thereof that are to be purchased as of such the Change of Control Repurchase Date, together with accrued and unpaid interest to but excluding the Change of Control Repurchase Date on such Debentures or portions thereof. (b) If a Paying Agent or the Trustee holds, in accordance with the terms hereof, money and/or Shares sufficient to pay the Change of Control Repurchase Price and accrued interest of any Debenture Security for which a Change of Control Repurchase Notice has been tendered and not withdrawn in accordance with this Indenture then, on the Business Day following the applicable Change of Control Repurchase Date, such Debenture Security will cease to be outstanding, whether or not the Debenture Security is delivered to the Paying Agent or the Trustee, and interest shall cease to accrue, and the rights of the Holder in respect of the Debenture Security shall terminate (other than the right to receive the Change of Control Repurchase Price and accrued and unpaid interest as aforesaid). The Issuer Company shall publicly announce the principal amount of Debentures Securities repurchased on or as soon as practicable after the Change of Control Repurchase Date. (c) The Trustee Paying Agent will promptly return to the respective Holders thereof any Debentures Securities with respect to which a Change of Control Repurchase Notice has been withdrawn in compliance with this Indenture. (d) If a Change of Control Repurchase Date falls after an Interest a Regular Record Date and on or before the related Interest Payment Date, then interest on the Debentures Securities payable on such Change of Control Repurchase Interest Payment Date will instead be payable on such Interest Payment Date to the Holders in whose names the Debentures Securities are registered at the close of business on such Interest Regular Record Date.

Deposit of Change of Control Repurchase Price. (a) On or before 12:00 p.m. (noon) 10:00 a.m. New York City time on the Business Day prior to following the applicable Change of Control Repurchase Date, the Issuer Company shall deposit with the Trustee or with a Paying Agent (or if the Company or an Affiliate of the Company is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.04) an amount of money (in immediately available fundsfunds if deposited on or after such Change of Control Repurchase Date), sufficient to pay the aggregate Change of Control Repurchase Price of all the Debentures Securities or portions thereof that are to be purchased as of such Change of Control Repurchase Date, together with accrued and unpaid interest to but excluding the Change of Control Repurchase Date on such Debentures or portions thereof. (b) If a Paying Agent or the Trustee holds, in accordance with the terms hereof, money sufficient to pay the Change of Control Repurchase Price and accrued interest of any Debenture Security for which a Change of Control Repurchase Notice has been tendered and not withdrawn in accordance with this Indenture then, on the Business Day following the applicable Change of Control Repurchase Date, such Debenture Security will cease to be outstanding, whether or not the Debenture Security is delivered to the Paying Agent or the Trustee, and interest and Liquidated Damages, if any, shall cease to accrue, and the rights of the Holder in respect of the Debenture Security shall terminate (other than the right to receive the Change of Control Repurchase Price and accrued and unpaid interest as aforesaid). The Issuer Company shall publicly announce the principal amount of Debentures Securities repurchased on or as soon as practicable after the Change of Control Repurchase Date. (c) The Trustee Paying Agent will promptly return to the respective Holders thereof any Debentures Securities with respect to which a Change of Control Repurchase Notice has been withdrawn in compliance with this Indenture. (d) If a Change of Control Repurchase Date falls after an Interest a Regular Record Date and on or before the related Interest Payment Date, then interest on the Debentures Securities payable on such Change of Control Repurchase Interest Payment Date will instead be payable to the Holders in whose names the Debentures Securities are registered at the close of business on such Interest Regular Record Date.