Common use of Deposit of Fundamental Change Purchase Price Clause in Contracts

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., New York City time, on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Wholly Owned Subsidiary of the Company is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price of all the Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. If the Paying Agent holds (or, if the Company or a Wholly Owned Subsidiary of the Company is acting as the Paying Agent, has segregated and holds in trust) cash or securities sufficient to pay the Fundamental Change Purchase Price of the Notes for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with this Indenture on the Fundamental Change Purchase Date, then as of such Fundamental Change Purchase Date, (i) such Notes will cease to be outstanding and interest will cease to accrue thereon (whether or not book-entry transfer of such Notes is made or such Notes have been delivered to the Paying Agent) and (ii) all other rights of the Holders in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest upon delivery or book-entry transfer of such Notes in the event that the Fundamental Change Purchase Date is after a Regular Record Date and on or prior to the Interest Payment Date to which it relates).

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., New York City time, on the Business Day following the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Wholly Owned Subsidiary of the Company is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money cash (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Fundamental Change Purchase Price of all the Notes Securities (or portions thereof that are thereof) to be purchased as of redeemed on the Fundamental Change Purchase Date, other than Securities or portions of Securities called for redemption which on or prior thereto have been delivered by the Company to the Trustee or the Co-Trustee for cancellation or have been converted. If If, on the Business Day following the Fundamental Change Purchase Date, the Paying Agent holds (orholds, if in accordance with the Company or a Wholly Owned Subsidiary terms of the Company is acting as the Paying Agentthis Indenture, has segregated and holds in trust) cash or securities sufficient to pay the Fundamental Change Purchase Price of the Notes any Securities for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with this Indenture on pursuant to Section 12.02, then, effective as of the Fundamental Change Purchase Date, then as of such Fundamental Change Purchase Date, (i) such Notes Securities will cease to be outstanding and interest (including Additional Interest Amounts or Additional Amounts, if any) on such Securities will cease to accrue thereon (whether or not book-entry transfer of such Notes Securities is made or whether or not such Notes have been Securities are delivered to the Paying Agent) ), and (ii) all other the rights of the Holders in respect thereof will shall terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest upon delivery or book-entry transfer of such Notes in Securities). Nothing herein shall preclude the event that the Fundamental Change Purchase Date is after a Regular Record Date and on withholding of any taxes required by law to be withheld or prior to the Interest Payment Date to which it relates)deducted.

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., 12:00 p.m. noon (local time in The City of New York City time, York) on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Wholly Owned Subsidiary or an Affiliate of the Company either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price Price, of all the Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 8.03. If the Paying Agent holds (or, if the Company or a Wholly Owned Subsidiary of the Company is acting as the Paying Agent, has segregated and holds in trust) cash money or securities sufficient to pay the Fundamental Change Purchase Price of the Notes any Note surrendered for which a Fundamental Change Purchase Notice has been tendered purchase and not withdrawn in accordance with this Indenture as of the Close of Business on the Fundamental Change Purchase Date, then as immediately following the Close of such Business on the Fundamental Change Purchase Date, (ia) any such Notes Note will cease to be outstanding and interest will cease to accrue thereon on the Fundamental Change Purchase Date (whether or not book-entry transfer of such the Notes is made or such whether or not the Notes have been are delivered to the Paying Agent) and (iib) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest (including Additional Interest, if any) upon delivery or book-entry transfer of such Notes in the event that the Fundamental Change Purchase Date is after a Regular Record Date and on or prior to the Interest Payment Date to which it relatesNote).

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., New York City time, on the a Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, or if the Company or a Wholly Owned Subsidiary an Affiliate of the Company is acting as the Paying Agent, shall segregate and hold in trust as provided hereinin Section 2.04) an amount of money in cash (in immediately available funds if deposited on such Business Dayfunds) sufficient to pay the aggregate Fundamental Change Purchase Price of all the Notes Securities or portions thereof that are to be purchased as of the on that Fundamental Change Purchase Date. If ; provided, however, that to the extent any such funds are received by the Paying Agent holds (or, if from the Company or after 10:00 a.m., New York City time, on a Wholly Owned Subsidiary Fundamental Change Purchase Date, such funds will be distributed to the Holders within one Business Day of receipt thereof. If a Paying Agent holds, in accordance with the Company is acting as the Paying Agentterms hereof, has segregated and holds in trust) at 10:00 a.m., New York City time, on a Fundamental Change Purchase Date, cash or securities sufficient to pay the aggregate Fundamental Change Purchase Price of the Notes all Securities for which a Fundamental Change Purchase Notice has been tendered delivered and not validly withdrawn in accordance with this Indenture Indenture, then, on the Fundamental Change Purchase and after such Repurchase Date, then as of such Fundamental Change Purchase Date, (i) such Notes will Securities shall cease to be outstanding and interest will (including Additional Interest and Special Interest), if any, on such Securities shall cease to accrue thereon (accrue, whether or not book-entry transfer of such Notes is made or such Notes have been Securities are delivered to the Paying Agent) , and (ii) all other the rights of the Holders in respect thereof will shall terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest upon delivery or book-entry transfer of such Notes in the event that the Fundamental Change Purchase Date is after a Regular Record Date and on or prior Securities by their Holders to the Interest Payment Date to which it relatesPaying Agent).

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., 11:00 a.m. (local time in The City of New York City time, York) on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Wholly Owned Subsidiary or an Affiliate of the Company either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price Price, of all the Notes or portions thereof properly tendered pursuant to the Fundamental Change Purchase Notice that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 8.04. If the Paying Agent holds (or, if the Company or a Wholly Owned Subsidiary of the Company is acting as the Paying Agent, has segregated and holds in trust) cash or securities money sufficient to pay the Fundamental Change Purchase Price of the Notes any Note surrendered for which a Fundamental Change Purchase Notice has been tendered purchase and not withdrawn in accordance with this Indenture as of the Close of Business on the Fundamental Change Purchase Date, then as immediately following the Close of such Business on the Fundamental Change Purchase Date, (ia) any such Notes Note will cease to be outstanding and interest will cease to accrue thereon on the Fundamental Change Purchase Date (whether or not book-entry transfer of such the Notes is made or such whether or not the Notes have been are delivered to the Paying Agent) and (iib) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest (including Additional Interest, if any) upon delivery or book-entry transfer of such Notes in the event that the Fundamental Change Purchase Date is after a Regular Record Date and on or prior to the Interest Payment Date to which it relatesNote).

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., 11:00 a.m. (local time in The City of New York City time, York) on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Wholly Owned Subsidiary or an Affiliate of the Company either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price Price, of all the Notes or portions thereof properly tendered pursuant to the Fundamental Change Purchase Notice that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 8.04. If the Paying Agent holds (or, if the Company or a Wholly Owned Subsidiary of the Company is acting as the Paying Agent, has segregated and holds in trust) cash or securities money sufficient to pay the Fundamental Change 133 Purchase Price of the Notes any Note surrendered for which a Fundamental Change Purchase Notice has been tendered purchase and not withdrawn in accordance with this Indenture as of the Close of Business on the Fundamental Change Purchase Date, then as immediately following the Close of such Business on the Fundamental Change Purchase Date, (ia) any such Notes Note will cease to be outstanding and interest will cease to accrue thereon on the Fundamental Change Purchase Date (whether or not book-entry transfer of such the Notes is made or such whether or not the Notes have been are delivered to the Paying Agent) and (iib) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest (including Additional Interest, if any) upon delivery or book-entry transfer of such Notes in the event that the Fundamental Change Purchase Date is after a Regular Record Date and on or prior to the Interest Payment Date to which it relatesNote).

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., a.m. (local time in The City of New York City time, York) on the Fundamental Change Purchase Date, subject to extension to comply with applicable law, the Company shall deposit with the Trustee or with the Paying Agent (or, if the Company or a Wholly Owned Subsidiary or an Affiliate of the Company either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price Price, of all the Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 3.04. If the Paying Agent holds (or, if the Company or a Wholly Owned Subsidiary of the Company is acting as the Paying Agent, has segregated and holds in trust) cash or securities sufficient to pay the Fundamental Change Purchase Price of the Notes any Note for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with this Indenture as of the Business Day following the Fundamental Change Purchase Date, then effective on the Fundamental Change Purchase Date, then as of such Fundamental Change Purchase Date, (ia) such Notes will Note shall cease to be outstanding and interest interest, if any, will cease to accrue thereon (whether or not book-entry transfer of such the Notes is made or such whether or not the Notes have been are delivered to the Paying Agent) and (iib) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest interest, if any, upon delivery or book-entry transfer of such Notes in Note, or interest payable on the event that related Interest Payment Date, if the Fundamental Change Purchase Date is after a Regular occurs between the Record Date and on or prior to the such Interest Payment Date to which it relatesDate, as applicable).

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., a.m. New York City time, on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, if the Company Company, the Guarantor or a Wholly Owned Subsidiary or an Affiliate of the Company either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price of all the Notes Securities or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. If the Paying Agent holds (or, if the Company or a Wholly Owned Subsidiary of the Company is acting as the Paying Agent, has segregated and holds in trust) cash or securities sufficient to pay the Fundamental Change Purchase Price of the Notes Securities for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with this Supplemental Indenture on the Fundamental Change Purchase Date, then then, with respect to the Securities that have been properly surrendered for purchase and have not been validly withdrawn as of such Fundamental Change Purchase Date, (ia) such Notes Securities will cease to be outstanding Outstanding and interest will cease to accrue thereon on such Securities on the Fundamental Change Purchase Date or any applicable extension thereof (whether or not book-entry transfer of such Notes Securities is made or such Notes Securities have been delivered to the Paying Agent) and (iib) all other rights of the Holders in with respect thereof to such Securities will terminate on the Fundamental Change Purchase Date (other than (x) the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest upon delivery or book-entry transfer of such Notes in the event that (y) if the Fundamental Change Purchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment Date, the right of the Holder of record on such Regular Record Date to which it relatesreceive the accrued and unpaid interest to, but not including, the Fundamental Change Purchase Date).

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., a.m. (local time in The City of New York City time, York) on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Wholly Owned Subsidiary or an Affiliate of the Company either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price Price, of all the Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 8.04. If the Paying Agent holds (or, if the Company or a Wholly Owned Subsidiary of the Company is acting as the Paying Agent, has segregated and holds in trust) cash or securities money sufficient to pay the Fundamental Change Purchase Price of the Notes any Note surrendered for which a Fundamental Change Purchase Notice has been tendered purchase and not withdrawn in accordance with this Indenture as of the Close of Business on the Fundamental Change Purchase Date, then as immediately following the Close of such Business on the Fundamental Change Purchase Date, (ia) any such Notes Note will cease to be outstanding and interest will cease to accrue thereon on the Fundamental Change Purchase Date (whether or not book-entry transfer of such the Notes is made or such whether or not the Notes have been are delivered to the Paying Agent) and (iib) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest (including Additional Interest, if any) upon delivery or book-entry transfer of such Notes in the event that the Fundamental Change Purchase Date is after a Regular Record Date and on or prior to the Interest Payment Date to which it relatesNote).

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., New York City time, on the a Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, or if the Company or a Wholly Owned Subsidiary an Affiliate of the Company is acting as the Paying Agent, shall segregate and hold in trust as provided hereinin Section 2.04) an amount of money in cash (in immediately available funds if deposited on such Business Dayfunds) sufficient to pay the aggregate Fundamental Change Purchase Price of all the Notes Securities or portions thereof that are to be purchased as of the on that Fundamental Change Purchase Date. If ; provided, however, that to the extent any such funds are received by the Paying Agent holds (or, if from the Company or after 10:00 a.m., New York City time, on a Wholly Owned Subsidiary Fundamental Change Purchase Date, such funds will be distributed to the Holders within one Business Day of receipt thereof If a Paying Agent holds, in accordance with the Company is acting as the Paying Agentterms hereof, has segregated and holds in trust) at 10:00 a.m., New York City time, on a Fundamental Change Purchase Date, cash or securities sufficient to pay the aggregate Fundamental Change Purchase Price of the Notes all Securities for which a Fundamental Change Purchase Notice has been tendered delivered and not validly withdrawn in accordance with this Indenture Indenture, then, on the Fundamental Change Purchase and after such Repurchase Date, then as of such Fundamental Change Purchase Date, (i) such Notes will Securities shall cease to be outstanding and interest will (including Additional Interest and Special Interest), if any, on such Securities shall cease to accrue thereon (accrue, whether or not book-entry transfer of such Notes is made or such Notes have been Securities are delivered to the Paying Agent) , and (ii) all other the rights of the Holders in respect thereof will shall terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest upon delivery or book-entry transfer of such Notes in the event that the Fundamental Change Purchase Date is after a Regular Record Date and on or prior Securities by their Holders to the Interest Payment Date to which it relatesPaying Agent).

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., a.m. (local time in The City of New York City time, York) on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Wholly Owned Subsidiary or an Affiliate of the Company either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price Price, of all the Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 8.04. If the Paying Agent holds (or, if the Company or a Wholly Owned Subsidiary of the Company is acting as the Paying Agent, has segregated and holds in trust) cash or securities money sufficient to pay the Fundamental Change Purchase Price of the Notes any Note surrendered for which a Fundamental Change Purchase Notice has been tendered purchase and not withdrawn in accordance with this Indenture as of the Close of Business on the Fundamental Change Purchase Date, then as immediately following the Close of such Business on the Fundamental Change Purchase Date, (ia) any such Notes Note will cease to be outstanding and interest will cease to accrue thereon on the Fundamental Change Purchase Date (whether or not book-entry transfer of such the Notes is made or such whether or not the Notes have been are delivered to the Paying Agent) and (iib) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest (including Additional Interest, if any) upon delivery or book-entry transfer of such Note). Notes Purchased in Whole or in Part . Any Note that is to be purchased, whether in whole or in part, shall be surrendered at the event that office of the Fundamental Change Purchase Date is after Paying Agent (with, if the Company or the Trustee so requires, due endorsement by, or a Regular Record Date and on or prior written instrument of transfer in form satisfactory to the Interest Payment Date Company and the Trustee duly executed by, the Holder thereof or such Holder’s attorney duly authorized in writing) and the Company shall execute and the Trustee shall authenticate and deliver to the Holder of such Note, without service charge, a new Note or Notes, of any authorized denomination as requested by such Holder in aggregate Principal 63 Amount equal to, and in exchange for, the portion of the Principal Amount of the Note so surrendered which it relates).is not purchased. Covenant to Comply With Securities Laws upon Purchase of Notes . In connection with any offer to purchase Notes under Section 8.01, the Company shall, if required:

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., New York City time, on the Fundamental Change Purchase Date or the Specified Purchase Date, as applicable, the Company shall deposit with the Paying Agent (or, if the Company or a Wholly Owned Subsidiary or an Affiliate of the Company either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price or the Specified Date Purchase Price, as applicable, of all the Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date or the Specified Purchase Date, as applicable. If the Paying Agent holds (or, if the Company or a Wholly Owned Subsidiary of the Company is acting as the Paying Agent, has segregated and holds in trust) cash or securities sufficient to pay the Fundamental Change Purchase Price or the Specified Date Purchase Price, as applicable, of the Notes for which a Fundamental Change Purchase Notice or a Specified Date Purchase Notice has been tendered and not withdrawn in accordance with this Indenture on the Fundamental Change Purchase Date or the Specified Purchase Date, as applicable, then as of such Fundamental Change Purchase Date or the Specified Purchase Date, as applicable, (ia) such Notes will cease to be outstanding Outstanding and interest will cease to accrue thereon (whether or not book-entry transfer of such Notes is made or such Notes have been delivered to the Paying Agent) and (iib) all other rights of the Holders in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price or the Specified Date Purchase Price, as applicable, and any previously accrued and unpaid interest on such Notes upon delivery or book-entry transfer of such Notes in the event that the Fundamental Change Purchase Date is after a Regular Record Date and on or prior to the Interest Payment Date to which it relatesNotes).

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., a.m. (local time in New York City time, City) on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Wholly Owned Subsidiary or an Affiliate of the Company either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price Price, of all the Notes Securities or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 7.04. If the Paying Agent holds (or, if the Company or a Wholly Owned Subsidiary of the Company is acting as the Paying Agent, has segregated and holds in trust) cash or securities money sufficient to pay the Fundamental Change Purchase Price of the Notes any Security for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with this Indenture as of the Close of Business on the second Business Day following the Fundamental Change Purchase Date, then as of the following shall occur: (a) any such Fundamental Change Purchase Date, (i) such Notes Security will cease to be outstanding and interest interest, including Additional Interest if any, will cease to accrue thereon on the Fundamental Change Purchase Date (whether or not book-entry transfer of such Notes the Securities is made or such Notes have been whether or not the Securities are delivered to the Paying Agent) and (iib) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest (including Additional Interest, if any) upon delivery or book-entry transfer of such Notes in the event that the Fundamental Change Purchase Date is after a Regular Record Date and on or prior to the Interest Payment Date to which it relatesSecurity).

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., a.m. (local time in The City of New York City time, York) on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Wholly Owned Subsidiary or an Affiliate of the Company either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price Price, of all the Notes Securities or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 8.04. If the Paying Agent holds (or, if the Company or a Wholly Owned Subsidiary of the Company is acting as the Paying Agent, has segregated and holds in trust) cash or securities money sufficient to pay the Fundamental Change Purchase Price of the Notes any Security for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with this Indenture as of the Close of Business on second Business Day following the Fundamental Change Purchase Date, then as of such immediately following the Fundamental Change Purchase Date, (ia) any such Notes Security will cease to be outstanding and interest interest, including Additional Interest if any, will cease to accrue thereon on the Fundamental Change Purchase Date (whether or not book-entry transfer of such Notes the Securities is made or such Notes have been whether or not the Securities are delivered to the Paying Agent) and (iib) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest (including Additional Interest, if any) upon delivery or book-entry transfer of such Notes in the event that the Fundamental Change Purchase Date is after a Regular Record Date and on or prior to the Interest Payment Date to which it relatesSecurity).

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., 12:00 p.m. noon (local time in The City of New York City time, York) on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Wholly Owned Subsidiary or an Affiliate of the Company either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price Price, of all the Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 8.04. If the Paying Agent holds (or, if the Company or a Wholly Owned Subsidiary of the Company is acting as the Paying Agent, has segregated and holds in trust) cash money or securities sufficient to pay the Fundamental Change Purchase Price of the Notes any Note surrendered for which a Fundamental Change Purchase Notice has been tendered purchase and not withdrawn in accordance with this Indenture as of the Close of Business on the Fundamental Change Purchase Date, then as immediately following the Close of such Business on the Fundamental Change Purchase Date, (ia) any such Notes Note will cease to be outstanding and interest will cease to accrue thereon on the Fundamental Change Purchase Date (whether or not book-entry transfer of such the Notes is made or such whether or not the Notes have been are delivered to the Paying Agent) and (iib) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest (including Additional Interest, if any) upon delivery or book-entry transfer of such Notes in the event that the Fundamental Change Purchase Date is after a Regular Record Date and on or prior to the Interest Payment Date to which it relatesNote).

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., a.m. (local time in The City of New York City time, York) on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Wholly Owned Subsidiary or an Affiliate of the Company either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price Price, of all the Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 8.04. If the Paying Agent holds (or, if the Company or a Wholly Owned Subsidiary of the Company is acting as the Paying Agent, has segregated and holds in trust) cash money or securities sufficient to pay the Fundamental Change Purchase Price of the Notes any Note surrendered for which a Fundamental Change Purchase Notice has been tendered purchase and not withdrawn in accordance with this Indenture as of the Close of Business on the Fundamental Change Purchase Date, then as immediately following the Close of such Business on the Fundamental Change Purchase Date, (ia) any such Notes Note will cease to be outstanding and interest interest, including Additional Interest, if any, will cease to accrue thereon on the Fundamental Change Purchase Date (whether or not book-entry transfer of such the Notes is made or such whether or not the Notes have been are delivered to the Paying Agent) and (iib) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest (including Additional Interest, if any) upon delivery or book-entry transfer of such Notes in the event that the Fundamental Change Purchase Date is after a Regular Record Date and on or prior to the Interest Payment Date to which it relatesNote).

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., a.m. (local time in The City of New York City time, York) on the Fundamental Change Purchase Date, subject to extension to comply with applicable law, the Company shall deposit with the Paying Agent (or, if the Company or a Wholly Owned Subsidiary or an Affiliate of the Company either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price Price, of all the Notes Securities or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If the Paying Agent holds (or, if the Company or a Wholly Owned Subsidiary of the Company is acting as the Paying Agent, has segregated and holds in trust) cash or securities sufficient to pay the Fundamental Change Purchase Price of the Notes any Security for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with this Indenture as of the Business Day following the Fundamental Change Purchase Date, then effective on the Fundamental Change Purchase Date, then as of such Fundamental Change Purchase Date, (ia) such Notes will Security shall cease to be outstanding and interest interest, including Additional Interest, if any, will cease to accrue thereon (whether or not book-entry transfer of such Notes is made or such Notes have been delivered to the Paying Agent) and (iib) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest interest, including Additional Interest, if any, upon delivery or book-entry transfer of such Notes in Security, or interest payable on the event that related Interest Payment Date, if the Fundamental Change Purchase Date is after a Regular occurs between the Record Date and on or prior to the such Interest Payment Date to which it relatesDate, as applicable).

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., a.m. New York City time, on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, if the Company Company, the Guarantor or a Wholly Owned Subsidiary or an Affiliate of the Company either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price of all the Notes Securities or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. If the Paying Agent holds (or, if the Company or a Wholly Owned Subsidiary of the Company is acting as the Paying Agent, has segregated and holds in trust) cash or securities sufficient to pay the Fundamental Change Purchase Price of the Notes Securities for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with this Supplemental Indenture on the Fundamental Change Purchase Date, then then, with respect to the Securities that have been properly surrendered for purchase and have not been validly withdrawn as of such Fundamental Change Purchase Date, (ia) such Notes Securities will cease to be outstanding Outstanding and interest will cease to accrue thereon on such Securities on the Fundamental Change Purchase Date or any applicable extension thereof (whether or not book-entry book‑entry transfer of such Notes Securities is made or such Notes Securities have been delivered to the Paying Agent) and (iib) all other rights of the Holders in with respect thereof to such Securities will terminate on the Fundamental Change Purchase Date (other than (x) the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest upon delivery or book-entry transfer of such Notes in the event that (y) if the Fundamental Change Purchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment Date, the right of the Holder of record on such Regular Record Date to which it relatesreceive the accrued and unpaid interest to, but not including, the Fundamental Change Purchase Date).

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m.By 12:00 p.m., New York City time, on one Business Day prior to the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Wholly Owned Subsidiary of the Company is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money cash or securities (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Fundamental Change Purchase Price of all the Notes Securities (or portions thereof that are thereof) to be purchased as of redeemed on the Fundamental Change Purchase Date, other than Securities or portions of Securities called for redemption which on or prior thereto have been delivered by the Company to the Trustee or the Co-Trustee for cancellation or have been converted. If If, on the Business Day following the Fundamental Change Purchase Date, the Paying Agent holds (orholds, if in accordance with the Company or a Wholly Owned Subsidiary terms of the Company is acting as the Paying Agentthis Indenture, has segregated and holds in trust) cash or securities sufficient to pay the Fundamental Change Purchase Price of the Notes any Securities for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with this Indenture on pursuant to Section 12.02, then, effective as of the Fundamental Change Purchase Date, then as of such Fundamental Change Purchase Date, (i) such Notes Securities will cease to be outstanding and interest (including Additional Interest Amounts or Additional Amounts, if any) on such Securities will cease to accrue thereon (whether or not book-entry transfer of such Notes Securities is made or whether or not such Notes have been Securities are delivered to the Paying Agent) ), and (ii) all other rights of the Holders in respect thereof will shall terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest upon delivery or book-entry transfer or delivery of such Notes in Securities). Nothing herein shall preclude the event that the Fundamental Change Purchase Date is after a Regular Record Date and on withholding of any taxes required by law to be withheld or prior to the Interest Payment Date to which it relates)deducted.

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., a.m. (local time in The City of New York City time, York) on the Fundamental Change Purchase Date, subject to extension to comply with applicable law, the Company shall deposit with the Trustee or with the Paying Agent (or, if the Company or a Wholly Owned Subsidiary or an Affiliate of the Company either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price Price, of all the Notes Securities or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.04. If the Paying Agent holds (or, if the Company or a Wholly Owned Subsidiary of the Company is acting as the Paying Agent, has segregated and holds in trust) cash or securities sufficient to pay the Fundamental Change Purchase Price of the Notes any Security for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with this Indenture as of the close of business on the Fundamental Change Purchase Date, then as of such immediately following the Fundamental Change Purchase Date, (ia) such Notes Security will cease to be outstanding and interest interest, including Additional Interest, if any, will cease to accrue thereon (whether or not book-entry transfer of such Notes Security is made or such Notes have been Security is delivered to the Paying Agent) and (iib) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest interest, including Additional Interest, if any, upon delivery or book-entry transfer of such Notes in the event that the Fundamental Change Purchase Date is after a Regular Record Date and on or prior to the Interest Payment Date to which it relatesSecurity).