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

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 a.m., New York City time, on the Fundamental Change Repurchase Date, the Company shall deposit 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Repurchase Price of all the Securities or portions thereof that are to be purchased as of the Fundamental Change Repurchase Date. If the Paying Agent holds cash sufficient to pay the Fundamental Change Repurchase Price of the Securities for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn in accordance with this Indenture on the Fundamental Change Repurchase Date, then as of such Fundamental Change Repurchase Date, (a) such Securities will cease to be Outstanding and interest will cease to accrue thereon (whether or not book-entry transfer of such Securities is made or such Securities have been delivered to the Paying Agent) and (b) all other rights of the Holders in respect thereof will terminate (other than the right to receive the Fundamental Change Repurchase Price and, if the Fundamental Change Repurchase Date falls after a Regular Record Date but on or prior to the Business Day immediately following the corresponding Interest Payment Date, the right of the Holder of record on such Regular Record Date to receive the related interest payment).

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 11:00 a.m., New York City time, on the Fundamental Change Repurchase Date, the Company Issuer shall deposit with the Paying Agent (or, if the Company Guarantor or a Wholly Owned Subsidiary or an Affiliate of either of them the Guarantor is acting as the Paying Agent, shall segregate and hold in trust as provided herein) in Section 2.06, an amount of money (cash in immediately available funds if deposited on such Business Day) funds, sufficient to pay the aggregate Fundamental Change Repurchase Price of all the Securities Notes or portions thereof that are to be purchased repurchased as of the Fundamental Change Repurchase Date. If the Paying Agent holds on the Fundamental Change Repurchase Date cash sufficient to pay the Fundamental Change Repurchase Price of the Securities for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn Notes that Holders have elected to require the Issuer to repurchase in accordance with this Indenture on Section 3.01, then, as of the Fundamental Change Repurchase Date, then as of such Fundamental Change Repurchase Date, : (ai) such Securities will Notes shall cease to be Outstanding outstanding and interest will shall cease to accrue thereon (accrue, whether or not book-entry transfer of such Securities is the Notes has been made or such Securities the Notes have been delivered to the Paying Agent) and , as the case may be; and (bii) all other rights of the Holders in respect thereof will terminate (of such Notes shall terminate, other than the right to receive the Fundamental Change Repurchase Price and, if the Fundamental Change Repurchase Date falls after a Regular Record Date but on upon delivery or prior to the Business Day immediately following the corresponding Interest Payment Date, the right transfer of the Holder of record on such Regular Record Date to receive the related interest payment)Notes.

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 a.m., a.m. (local time in The City of New York City time, York) on the Fundamental Change Repurchase Date, the 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Repurchase Price Price, of all the Securities or portions thereof that are to be purchased repurchased as of the Fundamental Change Repurchase 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 cash sufficient to pay the Fundamental Change Repurchase Price of the Securities any Security for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn in accordance with this Indenture as of the close of business on the Fundamental Change Repurchase Date, then as of such immediately following the Fundamental Change Repurchase Date, (a) such Securities Security will cease to be Outstanding outstanding and interest will cease to accrue thereon (whether or not book-entry transfer of such Securities is made or such Securities have been delivered to the Paying Agent) and (b) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Repurchase Price andand previously accrued and unpaid interest, including Additional Interest, if the Fundamental Change Repurchase Date falls after a Regular Record Date but on any, upon delivery or prior to the Business Day immediately following the corresponding Interest Payment Date, the right transfer of the Holder of record on such Regular Record Date to receive the related interest paymentSecurity).

Deposit of Fundamental Change Repurchase Price. Prior On or prior to 10:00 11:00 a.m., New York City time, on the a Fundamental Change Repurchase Date, the Company shall deposit with the Paying Agent (or, or if the Company or a Subsidiary or an Affiliate of either of them the Company is acting as the Paying Agent, shall segregate and hold in trust as provided hereinin Section 2.04 hereof) an amount of money in Cash (in immediately available funds if deposited on such Business DayFundamental Change Repurchase Date) sufficient to pay the aggregate Fundamental Change Repurchase Price of all the Securities or portions thereof that are to be purchased as of the on that Fundamental Change Repurchase Date. If the Paying Agent holds cash holds, in accordance with the terms hereof, at 11:00 a.m., New York City time, on the Fundamental Change Repurchase Date, Cash sufficient to pay the aggregate Fundamental Change Repurchase Price of the all Securities for which a Fundamental Change Repurchase Notice has been tendered delivered and not validly withdrawn in accordance with this Indenture First Supplemental Indenture, then, on the Fundamental Change Repurchase Date, then as of and after such Fundamental Change Repurchase Date, (a) such Securities will shall cease to be Outstanding outstanding and interest will (including any Additional Interest) on such Securities shall cease to accrue thereon (accrue, whether or not such Securities are transferred by book-entry transfer of such Securities is made or such Securities have been delivered to the Paying Agent) , and (b) all other the rights of the Holders in respect thereof will shall terminate (other than the right to receive the Fundamental Change Repurchase Price and, if the Fundamental Change Repurchase Date falls after a Regular Record Date but on or prior upon delivery of such Securities by their Holders to the Business Day immediately following the corresponding Interest Payment Date, the right of the Holder of record on such Regular Record Date to receive the related interest paymentPaying Agent).

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 a.m., a.m. (New York City time, ) on the Fundamental Change Repurchase Date, the 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) or Common Shares or Acquiror Securities, as applicable, sufficient to pay the Fundamental Change Repurchase Price of all the Securities or portions thereof that are to be purchased repurchased as of the Fundamental Change Repurchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash, Common Shares or Acquiror Securities made pursuant to this Section 7.04. If the Paying Agent holds cash cash, Common Shares or Acquiror Securities sufficient to pay the Fundamental Change Repurchase Price of the Securities any Security for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn in accordance with this Indenture on the Fundamental Change Repurchase Date, then as of such immediately following the Fundamental Change Repurchase Date, (a) such Securities Security will cease to be Outstanding outstanding and interest will cease to accrue thereon (whether or not book-entry transfer of such Securities is made or whether or no such Securities have been Security is delivered to the Paying Agent) and (b) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Repurchase Price and, if the Fundamental Change Repurchase Date falls after a Regular Record Date but on upon delivery or prior to the Business Day immediately following the corresponding Interest Payment Date, the right transfer of the Holder of record on such Regular Record Date to receive the related interest paymentSecurity).

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 a.m., New York City time, on the Fundamental Change Repurchase Date, the Company shall deposit 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 herein) in Section 2.06, an amount of money cash (in immediately available funds if deposited on such Business Day) the Fundamental Change Repurchase Date), sufficient to pay the aggregate Fundamental Change Repurchase Price of all the Securities or portions thereof that are to be purchased repurchased as of the Fundamental Change Repurchase Date. If by 10:00 a.m. New York City time on the Fundamental Change Repurchase Date the Paying Agent holds cash sufficient to pay the Fundamental Change Repurchase Price Price, and related accrued interest of the Securities for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn that Holders have elected to require the Company to repurchase in accordance with this Indenture Section 3.04, then, on the Fundamental Change Repurchase Date, then as of such Fundamental Change Repurchase Date, (a) such Securities will cease to be Outstanding outstanding, and interest will cease to accrue thereon (whether or not book-book entry transfer or delivery of such the Securities is has been made or such Securities have been delivered to the Paying Agent) and (b) all other rights of the Holders in respect thereof of such Securities will terminate (terminate, other than the right to receive the Fundamental Change Repurchase Price andPrice, if and any accrued interest upon delivery or book-entry transfer of the Fundamental Change Repurchase Date falls after a Regular Record Date but on Securities. This will be the case whether or prior not book-entry transfer of the Securities has been made or the Securities have been delivered to the Business Day immediately following the corresponding Interest Payment Date, the right of the Holder of record on such Regular Record Date to receive the related interest payment)Paying Agent.

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 a.m., a.m. (local time in The City of New York City time, York) on the Fundamental Change Repurchase Date, the 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Repurchase Price Price, of all the Securities Notes or portions thereof that are to be purchased repurchased as of the Fundamental Change Repurchase 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 cash sufficient to pay the Fundamental Change Repurchase Price of the Securities any Note for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn in accordance with this First Supplemental Indenture as of the close of business on the Fundamental Change Repurchase Date, then as of such immediately following the Fundamental Change Repurchase Date, (a) such Securities Note will cease to be Outstanding outstanding and interest (including Additional Interest, if any) will cease to accrue thereon (whether or not book-entry transfer of such Securities is made or such Securities have been delivered to the Paying Agent) and (b) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Repurchase Price andand previously accrued and unpaid interest, including Additional Interest, if the Fundamental Change Repurchase Date falls after a Regular Record Date but on any, upon delivery or prior to the Business Day immediately following the corresponding Interest Payment Date, the right transfer of the Holder of record on such Regular Record Date to receive the related interest paymentNote).

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 a.m., a.m. (local time in The City of New York City time, York) on the Fundamental Change Repurchase Date, the 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Repurchase Price Price, of all the Securities or portions thereof that are to be purchased repurchased as of the Fundamental Change Repurchase 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 cash sufficient to pay the Fundamental Change Repurchase Price of the Securities any Security for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn in accordance with this Indenture as of the close of business on the Business Day prior to the Fundamental Change Repurchase Date, then as of such immediately following the Fundamental Change Repurchase Date, (a) such Securities Security will cease to be Outstanding outstanding and interest Interest will cease to accrue thereon (whether or not book-entry transfer of such Securities is made or such Securities have been delivered to the Paying Agent) and (b) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Repurchase Price and, if the Fundamental Change Repurchase Date falls after a Regular Record Date but on and previously accrued and unpaid Interest upon delivery or prior to the Business Day immediately following the corresponding Interest Payment Date, the right transfer of the Holder of record on such Regular Record Date to receive the related interest paymentSecurity).

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 11:00 a.m., New York City time, on the Fundamental Change Repurchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Wholly Owned Subsidiary or an Affiliate of either of them the Company is acting as the Paying Agent, shall segregate and hold in trust as provided herein) in Section 2.06, an amount of money (cash in immediately available funds if deposited on such Business Day) funds, sufficient to pay the aggregate Fundamental Change Repurchase Price of all the Securities Notes or portions thereof that are to be purchased repurchased as of the Fundamental Change Repurchase Date. If the Paying Agent holds on the Fundamental Change Repurchase Date cash sufficient to pay the Fundamental Change Repurchase Price of the Securities for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn Notes that Holders have elected to require the Company to repurchase in accordance with this Indenture on Section 3.01, then, as of the Fundamental Change Repurchase Date, then as of such Fundamental Change Repurchase Date, : (ai) such Securities will Notes shall cease to be Outstanding outstanding and interest will shall cease to accrue thereon (accrue, whether or not book-entry transfer of such Securities is the Notes has been made or such Securities the Notes have been delivered to the Paying Agent) and , as the case may be; and (bii) all other rights of the Holders in respect thereof will terminate (of such Notes shall terminate, other than the right to receive the Fundamental Change Repurchase Price and, if the Fundamental Change Repurchase Date falls after a Regular Record Date but on upon delivery or prior to the Business Day immediately following the corresponding Interest Payment Date, the right transfer of the Holder of record on such Regular Record Date to receive the related interest payment)Notes.

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 a.m.1:00 p.m., New York City time, on the applicable Fundamental Change Repurchase Date, the Company shall deposit with the Paying Agent (or, or if the Company or a Subsidiary or an Affiliate of either any of them is acting as the Paying Agent, shall segregate and hold in trust as provided hereinin 0) an amount of money Cash (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Fundamental Change Repurchase Price of all the Securities or portions thereof that which are to be purchased as of the repurchased on such Fundamental Change Repurchase Date. If the Paying Agent holds cash holds, in accordance with the terms hereof, at 1:00 p.m., New York City time, on the applicable Fundamental Change Repurchase Date, Cash sufficient to pay the Fundamental Change Repurchase Price of the any Securities for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn in accordance with this Indenture pursuant to 0, then, on the Fundamental Change Repurchase Date, then as of and after such Fundamental Change Repurchase Date, (a) such Securities will shall cease to be Outstanding outstanding and interest will interest, if any (including Additional Interest, if any), on such Securities shall cease to accrue thereon (accrue, whether or not book-entry transfer of such Securities is made or such Securities have been are delivered to the Paying Agent) , and (b) all other the rights of the Holders in respect thereof will shall terminate (other than the right to receive the Fundamental Change Repurchase Price andupon delivery of such Securities, if together with necessary endorsements) and the Fundamental Change Repurchase Date falls after a Regular Record Date but on or prior to the Business Day immediately following the corresponding Interest Payment Date, the right of the Holder of record on such Regular Record Date to receive the related interest payment)repurchased Securities will be cancelled.

Deposit of Fundamental Change Repurchase 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 Repurchase Date, the Company shall deposit 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Repurchase Price of all the Securities Notes or portions thereof that are to be purchased repurchased as of the Fundamental Change Repurchase Date. If the Paying Agent holds cash money or securities sufficient to pay the Fundamental Change Repurchase Price of the Securities Notes on the Business Day following the Fundamental Change Repurchase Date for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn in accordance with this Supplemental Indenture on the Fundamental Change Repurchase Date, then as of such Fundamental Change Repurchase Date, (a) such Securities will Notes shall cease to be Outstanding outstanding and interest will shall cease to accrue thereon (whether or not book-entry transfer of such Securities Notes is made or such Securities Notes have been delivered to the Paying Agent) and (b) all other rights of the Holders in respect thereof will shall terminate (other than the right to receive the Fundamental Change Repurchase Price and, if the Fundamental Change Repurchase Date falls after a Regular Record Date but on and previously accrued and unpaid interest upon delivery or prior to the Business Day immediately following the corresponding Interest Payment Date, the right book-entry transfer of the Holder of record on such Regular Record Date to receive the related interest paymentNotes).

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 a.m., New York City time, on the Fundamental Change Repurchase Date, the Company shall deposit 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Repurchase Price Price, of all the Securities or portions thereof that are to be purchased repurchased as of the Fundamental Change Repurchase 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 cash sufficient to pay the Fundamental Change Repurchase Price of the Securities any Security for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn in accordance with this Indenture as of the Close of Business on the Business Day prior to the Fundamental Change Repurchase Date, then as of such immediately following the Fundamental Change Repurchase Date, (a) such Securities Security will cease to be Outstanding outstanding and interest Interest will cease to accrue thereon (whether or not book-entry transfer of such Securities Security is made or whether or not such Securities have been Security is delivered to the Paying Agent) and (b) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Repurchase Price and, if the Fundamental Change Repurchase Date falls after a Regular Record Date but on upon delivery or prior to the Business Day immediately following the corresponding Interest Payment Date, the right transfer of the Holder of record on such Regular Record Date to receive the related interest paymentSecurity).

Deposit of Fundamental Change Repurchase Price. Prior to (a) On or before 10:00 a.m., a.m. New York City time, time on the applicable Fundamental Change Repurchase Date, the Company shall will deposit with the Paying Agent (or, or if the Company or a Subsidiary or an Affiliate of either of them the Company is acting as the Paying Agent, shall segregate and hold in trust as provided hereintrust) an amount of money (in immediately available funds if deposited on such Business Day) ), sufficient to pay the aggregate Fundamental Change Repurchase Price of all the Securities Notes or portions thereof that are to be purchased as of the Fundamental Change Repurchase Date. . (b) If the a Paying Agent holds cash on the Fundamental Change Repurchase Date, in accordance with the terms hereof, money sufficient to pay the Fundamental Change Repurchase Price of the Securities any Note for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn in accordance with this Indenture then, on and after the applicable Fundamental Change Repurchase Date, then as of such Fundamental Change Repurchase Date, (a) such Securities will cease to be Outstanding and interest will cease to accrue thereon (whether or not book-entry transfer of such Securities the Note is made or such Securities have been delivered to the Paying Agent) , each such Note will cease to be outstanding, interest shall cease to accrue, and (b) all other the rights of the Holders Holder in respect thereof will of the Note shall terminate (other than the right to receive the Fundamental Change Repurchase Price and, if upon delivery of the Fundamental Change Repurchase Date falls Note as aforesaid). (c) If Notes are repurchased on a date that is after a Regular Record Date but on or for an Interest Payment Date and prior to the Business Day immediately following the corresponding Interest Payment Date, the right Company will not pay accrued interest to the Holder of Notes being repurchased, and will instead pay the full amount of the relevant interest payment on such Interest Payment Date to the Holder of record on such Regular Record Date to receive the related interest payment)Date.

Deposit of Fundamental Change Repurchase 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 Repurchase Date, the Company shall deposit 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Repurchase Price of all the Securities Notes or portions thereof that are to be purchased repurchased as of the Fundamental Change Repurchase Date. If the Paying Agent has paid or holds cash on the Business Day following the Fundamental Change Repurchase Date money or securities sufficient to pay the Fundamental Change Repurchase Price of the Securities Notes for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn in accordance with this Supplemental Indenture on the Fundamental Change Repurchase Date, then as of such Fundamental Change Repurchase Date, (a) such Securities will Notes shall cease to be Outstanding outstanding and interest will (including Additional Interest, if any) shall cease to accrue thereon (whether or not book-entry transfer of such Securities Notes is made or such Securities Notes have been delivered to the Paying Agent) and (b) all other rights of the Holders in respect thereof will shall terminate (other than the right to receive the Fundamental Change Repurchase Price andand previously accrued and unpaid interest (including Additional Interest, if the Fundamental Change Repurchase Date falls after a Regular Record Date but on any) upon delivery or prior to the Business Day immediately following the corresponding Interest Payment Date, the right book-entry transfer of the Holder of record on such Regular Record Date to receive the related interest paymentNotes).

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 a.m., a.m. (New York City time, ) on the Fundamental Change Repurchase Date, the 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Repurchase Price Price, of all the Securities or portions thereof that are to be purchased repurchased as of the Fundamental Change Repurchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 6.04. If the Paying Agent holds cash sufficient to pay the Fundamental Change Repurchase Price of the Securities any Security for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn in accordance with this Indenture as of the Close of Business on the Business Day prior to the Fundamental Change Repurchase Date, then as of such immediately following the Fundamental Change Repurchase Date, (a) such Securities Security will cease to be Outstanding and interest Interest will cease to accrue thereon (whether or not book-entry transfer of such Securities Security is made or whether or not such Securities have been Security is delivered to the Paying Agent) and (b) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Repurchase Price and, if the Fundamental Change Repurchase Date falls after a Regular Record Date but on and previously accrued and unpaid Interest upon delivery or prior to the Business Day immediately following the corresponding Interest Payment Date, the right transfer of the Holder of record on such Regular Record Date to receive the related interest paymentSecurity).

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 a.m., New York City time, on the Fundamental Change Repurchase Date, the Company shall deposit 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 herein) in Section 2.06, an amount of money cash (in immediately available funds if deposited on such Business Day) the Fundamental Change Repurchase Date), sufficient to pay the aggregate Fundamental Change Repurchase Price of all the Securities or portions thereof that are to be purchased repurchased as of the Fundamental Change Repurchase Date. If by 10:00 a.m. New York City time on the Fundamental Change Repurchase Date the Paying Agent holds cash sufficient to pay the Fundamental Change Repurchase Price Price, and related accrued interest of the Securities for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn that Holders have elected to require the Company to repurchase in accordance with this Indenture Section 3.04, , then, on the Fundamental Change Repurchase Date, then as of such Fundamental Change Repurchase Date, (a) such Securities will cease to be Outstanding outstanding, and interest will cease to accrue thereon (whether or not book-book entry transfer or delivery of such the Securities is has been made or such Securities have been delivered to the Paying Agent) and (b) all other rights of the Holders in respect thereof of such Securities will terminate (terminate, other than the right to receive the Fundamental Change Repurchase Price andPrice, if and any accrued interest upon delivery or book-entry transfer of the Fundamental Change Repurchase Date falls after a Regular Record Date but on Securities. This will be the case whether or prior not book-entry transfer of the Securities has been made or the Securities have been delivered to the Business Day immediately following the corresponding Interest Payment Date, the right of the Holder of record on such Regular Record Date to receive the related interest payment)Paying Agent.

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 a.m., New York City time, on the applicable Fundamental Change Repurchase Date, the Company shall deposit 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 herein) an amount of money cash (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Fundamental Change Repurchase Price of all the Securities or portions thereof that are to be purchased repurchased as of the such Fundamental Change Repurchase Date. If the Paying Agent holds holds, in accordance with the terms hereof, at 10:00 a.m., New York City time, on the applicable Fundamental Change Repurchase Date, cash sufficient to pay the Fundamental Change Repurchase Price of the any Securities for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn in accordance with this Indenture pursuant to Section 4.2, then, on the Fundamental Change Repurchase Date, then as of such Fundamental Change Repurchase Date, (a) such Securities will cease to be Outstanding outstanding and interest and Additional Interest, if any, on such Securities will cease to accrue thereon (accrue, whether or not such Securities are delivered to the Paying Agent or whether or not book-entry transfer of such the Securities is made or such Securities have been delivered to are made, as the Paying Agent) case may be, and (b) all other the rights of the Holders in respect thereof will shall terminate (other than the right to receive the Fundamental Change Repurchase Price and, if the Fundamental Change Repurchase Date falls after a Regular Record Date but on upon proper delivery or prior to the Business Day immediately following the corresponding Interest Payment Date, the right transfer of the Holder of record on such Regular Record Date to receive the related interest paymentSecurities).

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 a.m., a.m. (local time in The City of New York City time, York) on the Fundamental Change Repurchase Date, the 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) or Common Stock or Acquiror Securities, if permitted hereunder, sufficient to pay the Fundamental Change Repurchase Price Price, of all the Securities or portions thereof that are to be purchased repurchased as of the Fundamental Change Repurchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash, Common Stock or Acquiror Securities made pursuant to this Section 8.04. If the Paying Agent holds cash cash, Common Stock or Acquiror Securities sufficient to pay the Fundamental Change Repurchase Price of the Securities any Security for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn in accordance with this Indenture as of the close of business on the Business Day prior to the Fundamental Change Repurchase Date, then as of such immediately following the Fundamental Change Repurchase Date, (a) such Securities Security will cease to be Outstanding outstanding and interest Interest will cease to accrue thereon (whether or not book-entry transfer of such Securities is made or such Securities have been delivered to the Paying Agent) and (b) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Repurchase Price and, if the Fundamental Change Repurchase Date falls after a Regular Record Date but on and previously accrued and unpaid Interest upon delivery or prior to the Business Day immediately following the corresponding Interest Payment Date, the right transfer of the Holder of record on such Regular Record Date to receive the related interest paymentSecurity).

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 a.m., New York City timeTime, on the Fundamental Change Repurchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them the Company is acting as the Paying Agent, shall segregate and hold in trust as provided herein) in Section 2.04 of the Original Indenture, an amount of money cash (in immediately available funds if deposited on such Business Daythe Fundamental Change Repurchase Date) sufficient to pay the aggregate Fundamental Change Repurchase Price of all the Securities Notes or portions thereof that are to be purchased repurchased as of the Fundamental Change Repurchase Date. If on the Fundamental Change Repurchase Date the Paying Agent holds cash sufficient to pay the Fundamental Change Repurchase Price of the Securities for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn Notes that Holders have elected to require the Company to repurchase in accordance with this Indenture Section 3.01, then, on the Fundamental Change Repurchase Date, then as of such Fundamental Change Repurchase Date, (a) such Securities Notes will cease to be Outstanding and outstanding, interest will cease to accrue thereon (whether or not book-entry transfer of such Securities is made or such Securities have been delivered to the Paying Agent) and (b) all other rights of the Holders in respect thereof of such Notes will terminate (terminate, other than the right to receive the Fundamental Change Repurchase Price and, if and previously accrued and unpaid interest upon delivery or book-entry transfer of the Fundamental Change Repurchase Date falls after a Regular Record Date but on Notes. This will be the case whether or prior not book-entry transfer of the Notes has been made or the Notes have been delivered to the Business Day immediately following the corresponding Interest Payment Date, the right of the Holder of record on such Regular Record Date to receive the related interest payment)Paying Agent.

Deposit of Fundamental Change Repurchase Price. Prior to (a) On or before 10:00 a.m., a.m. New York City time, time on the Business Day following the applicable Fundamental Change Repurchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them the Company is acting as the Paying Agent, shall segregate and hold in trust as provided hereinin Section 4.03 of the Base Indenture) an amount of money (in immediately available funds if deposited on or after such Business DayFundamental Change Repurchase Date) sufficient to pay the aggregate Fundamental Change Repurchase Price of all the Securities or portions thereof that are to be purchased as of the Fundamental Change Repurchase Date. . (b) If the a Paying Agent holds cash on the Business Day following the Fundamental Change Repurchase Date, in accordance with the terms hereof, money sufficient to pay the Fundamental Change Repurchase Price of the Securities any Security for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn in accordance with this Indenture on then, immediately following the applicable Fundamental Change Repurchase Date, then as of such Fundamental Change Repurchase Date, (a) such Securities will cease to be Outstanding and interest will cease to accrue thereon (whether or not book-entry transfer of such Securities the Security is made or such Securities have been delivered to the Paying Agent) , each such Security will cease to be outstanding, interest, including Special Interest, if any, shall cease to accrue, and (b) all other the rights of the Holders Holder in respect thereof will of the Security shall terminate (other than the right to receive the Fundamental Change Repurchase Price and, if upon delivery of the Security as aforesaid). (c) If a Fundamental Change Repurchase Date falls after a Regular Record Date but and on or prior to before the Business Day immediately following the corresponding related Interest Payment Date, then interest on the right Securities payable on such Interest Payment Date will be payable to the Holders in whose names the Securities are registered at the close of the Holder of record business on such Regular Record Date to receive the related interest payment)Date.

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 11:00 a.m., New York City time, on the Fundamental Change Repurchase Date, Date the Company shall deposit 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Repurchase Price of all the Securities Notes or portions thereof that are to be purchased repurchased as of the Fundamental Change Repurchase Date. If the Paying Agent holds cash sufficient to pay the Fundamental Change Repurchase Price of the Securities Notes for which a Fundamental Change Repurchase Notice has been tendered delivered and not withdrawn in accordance with this Indenture on the Fundamental Change Repurchase Date, Date then as of such Fundamental Change Repurchase Date, with respect to the Notes that have been property surrendered for repurchase and have not been fully withdrawn: (a) such Securities Notes will cease to be Outstanding and interest will cease to accrue thereon (whether or not book-entry transfer of such Securities Notes is made or such Securities Notes have been delivered to the Paying Agent) and (b) all other rights of the Holders in respect thereof will terminate (other than the right to receive the Fundamental Change Repurchase Price and, if the Fundamental Change Repurchase Date falls after a Regular Record Date but on or prior to the Business Day immediately following the corresponding Interest Payment Date, the right of the Holder of record and any previously accrued and unpaid interest on such Regular Record Date to receive the related interest paymentNotes upon delivery or book-entry transfer of such Notes).

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 11:00 a.m., New York City time, on the Fundamental Change Repurchase Date, the Company Issuer shall deposit with the Paying Agent (or, if the Company or a Wholly Owned Subsidiary or an Affiliate of either of them the Company is acting as the Paying Agent, shall segregate and hold in trust as provided herein) in Section 2.06, an amount of money (cash in immediately available funds if deposited on such Business Day) funds, sufficient to pay the aggregate Fundamental Change Repurchase Price of all the Securities Notes or portions thereof that are to be purchased repurchased as of the Fundamental Change Repurchase Date. If the Paying Agent holds on the Fundamental Change Repurchase Date cash sufficient to pay the Fundamental Change Repurchase Price of the Securities for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn Notes that Holders have elected to require the Issuer to repurchase in accordance with this Indenture on Section 3.01, then, as of the Fundamental Change Repurchase Date, then as of such Fundamental Change Repurchase Date, : (ai) such Securities will Notes shall cease to be Outstanding outstanding and interest will shall cease to accrue thereon (accrue, whether or not book-entry transfer of such Securities is the Notes has been made or such Securities the Notes have been delivered to the Paying Agent) and , as the case may be; and (bii) all other rights of the Holders in respect thereof will terminate (of such Notes shall terminate, other than the right to receive the Fundamental Change Repurchase Price and, if the Fundamental Change Repurchase Date falls after a Regular Record Date but on upon delivery or prior to the Business Day immediately following the corresponding Interest Payment Date, the right transfer of the Holder of record on such Regular Record Date to receive the related interest payment)Notes.

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 a.m., a.m. (local time in the City of New York City time, York) on the Fundamental Change Repurchase Date, the 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Repurchase Price Price, of all the Securities or portions thereof that are to be purchased repurchased as of the Fundamental Change Repurchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 9.04. If the Paying Agent holds cash sufficient to pay the Fundamental Change Repurchase Price of the Securities any Security for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn in accordance with this Indenture as of the close of business on the Business Day prior to the Fundamental Change Repurchase Date, then as of such immediately following the Fundamental Change Repurchase Date, (a) such Securities Security will cease to be Outstanding outstanding and interest Interest will cease to accrue thereon (whether or not book-entry transfer of such Securities is made or such Securities have been delivered to the Paying Agent) and (b) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Repurchase Price and, if the Fundamental Change Repurchase Date falls after a Regular Record Date but on upon delivery or prior to the Business Day immediately following the corresponding Interest Payment Date, the right transfer of the Holder of record on such Regular Record Date to receive the related interest paymentSecurity).

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 a.m., a.m. (local time in the City of New York City time, York) on the Fundamental Change Repurchase Date, the 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) ), sufficient to pay the Fundamental Change Repurchase Price Price, of all the Securities or portions thereof that are to be purchased repurchased as of the Fundamental Change Repurchase 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 cash cash, sufficient to pay the Fundamental Change Repurchase Price of the Securities any Security for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn in accordance with this Indenture as of the close of business on the Business Day immediately preceding the Fundamental Change Repurchase Date, then as of such immediately following the Fundamental Change Repurchase Date, (a) such Securities Security will cease to be Outstanding and interest Interest will cease to accrue thereon (whether or not book-entry transfer of such the Securities is made or such whether or not the Securities have been are delivered to the Paying Agent) and (b) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Repurchase Price and, if the Fundamental Change Repurchase Date falls after a Regular Record Date but on and previously accrued and unpaid Interest upon delivery or prior to the Business Day immediately following the corresponding Interest Payment Date, the right transfer of the Holder of record on such Regular Record Date to receive the related interest paymentSecurity).

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 a.m., New York City time, on the Fundamental Change Repurchase Date, the 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Repurchase Price Price, of all the Securities or portions thereof that are to be purchased repurchased as of the Fundamental Change Repurchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 9.04. If the Paying Agent holds cash sufficient to pay the Fundamental Change Repurchase Price of the Securities any Security for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn in accordance with this Indenture as of the Close of Business on the Business Day prior to the Fundamental Change Repurchase Date, then as of such immediately following the Fundamental Change Repurchase Date, (a) such Securities Security will cease to be Outstanding outstanding and interest Interest will cease to accrue thereon (whether or not book-entry transfer of such Securities is made or such Securities have been delivered to the Paying Agent) and (b) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Repurchase Price and, if the Fundamental Change Repurchase Date falls after a Regular Record Date but on upon delivery or prior to the Business Day immediately following the corresponding Interest Payment Date, the right transfer of the Holder of record on such Regular Record Date to receive the related interest paymentSecurity).

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 11:00 a.m., New York City time, on the Fundamental Change Repurchase Date, the Company shall deposit with the Paying Agent (or, if the Company or a Wholly Owned Subsidiary or an Affiliate of either of them the Company is acting as the Paying Agent, shall segregate and hold in trust as provided herein) in Section 2.06, an amount of money (cash in immediately available funds if deposited on such Business Day) funds, sufficient to pay the aggregate Fundamental Change Repurchase Price of all the Securities Notes or portions thereof that are to be purchased repurchased as of the Fundamental Change Repurchase Date. If the Paying Agent holds on the Fundamental Change Repurchase Date cash sufficient to pay the Fundamental Change Repurchase Price of the Securities for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn Notes that Holders have elected to require the Company to repurchase in accordance with this Indenture on Section 3.04, then, as of the Fundamental Change Repurchase Date, then as of such Fundamental Change Repurchase Date, : (ai) such Securities will Notes shall cease to be Outstanding outstanding and interest will shall cease to accrue thereon (accrue, whether or not book-entry transfer of such Securities is the Notes has been made or such Securities the Notes have been delivered to the Paying Agent) and , as the case may be; and (bii) all other rights of the Holders in respect thereof will terminate (of such Notes shall terminate, other than the right to receive the Fundamental Change Repurchase Price and, if the Fundamental Change Repurchase Date falls after a Regular Record Date but on upon delivery or prior to the Business Day immediately following the corresponding Interest Payment Date, the right transfer of the Holder of record on such Regular Record Date to receive the related interest payment)Notes.

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 a.m., a.m. (local time in The City of New York City time, York) on the Fundamental Change Repurchase Date, the 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Repurchase Price Price, of all the Securities or portions thereof that are to be purchased repurchased as of the Fundamental Change Repurchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 5.10. If the Paying Agent holds cash sufficient to pay the Fundamental Change Repurchase Price of the Securities any Security for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn in accordance with this Indenture as of the close of business on the Fundamental Change Repurchase Date, then as of such immediately following the Fundamental Change Repurchase Date, (a) such Securities Security will cease to be Outstanding outstanding and interest will cease to accrue thereon (whether or not book-entry transfer of such Securities is made or such Securities have been delivered to the Paying Agent) and (b) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Repurchase Price andand previously accrued and unpaid interest, including Additional Interest and Special Interest, if the Fundamental Change Repurchase Date falls after a Regular Record Date but on any, upon delivery or prior to the Business Day immediately following the corresponding Interest Payment Date, the right transfer of the Holder of record on such Regular Record Date to receive the related interest paymentSecurity).

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 a.m., a.m. (local time in The City of New York City time, York) on the Fundamental Change Repurchase Date, the 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Repurchase Price Price, of all the Securities or portions thereof that are to be purchased repurchased as of the Fundamental Change Repurchase 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 cash sufficient to pay the Fundamental Change Repurchase Price of the Securities any Security for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn in accordance with this Indenture as of the close of business on the Business Day prior to the Fundamental Change Repurchase Date, then as of such immediately following the Fundamental Change Repurchase Date, (a) such Securities Security will cease to be Outstanding outstanding and interest Interest will cease to accrue thereon (whether or not book-entry transfer of such Securities the Security is made or such Securities have been whether or not the Security is delivered to the Paying Agent) and (b) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Repurchase Price and, if the Fundamental Change Repurchase Date falls after a Regular Record Date but on and previously accrued and unpaid Interest upon delivery or prior to the Business Day immediately following the corresponding Interest Payment Date, the right transfer of the Holder of record on such Regular Record Date to receive the related interest paymentSecurity).

Deposit of Fundamental Change Repurchase Price. Prior to 10:00 a.m.1:00 p.m., New York City time, on the applicable Fundamental Change Repurchase Date, the Company shall deposit with the Paying Agent (or, or if the Company or a Subsidiary or an Affiliate of either any of them is acting as the Paying Agent, shall segregate and hold in trust as provided hereinin Section 2.04) an amount of money Cash (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Fundamental Change Repurchase Price of all the Securities or portions thereof that which are to be purchased as of the repurchased on such Fundamental Change Repurchase Date. If the Paying Agent holds cash holds, in accordance with the terms hereof, at 1:00 p.m., New York City time, on the applicable Fundamental Change Repurchase Date, Cash sufficient to pay the Fundamental Change Repurchase Price of the any Securities for which a Fundamental Change Repurchase Notice has been tendered and not withdrawn in accordance with this Indenture pursuant to Section 3.09(b), then, on the Fundamental Change Repurchase Date, then as of and after such Fundamental Change Repurchase Date, (a) such Securities will shall cease to be Outstanding outstanding and interest will interest, if any (including Additional Interest, if any), on such Securities shall cease to accrue thereon (accrue, whether or not book-entry transfer of such Securities is made or such Securities have been are delivered to the Paying Agent) , and (b) all other the rights of the Holders in respect thereof will shall terminate (other than the right to receive the Fundamental Change Repurchase Price andupon delivery of such Securities, if together with necessary endorsements) and the Fundamental Change Repurchase Date falls after a Regular Record Date but on or prior to the Business Day immediately following the corresponding Interest Payment Date, the right of the Holder of record on such Regular Record Date to receive the related interest payment)repurchased Securities will be cancelled.