Common use of Determination of Tender; Responsibilities of Paying Agent and Trustee Clause in Contracts

Determination of Tender; Responsibilities of Paying Agent and Trustee. The Company will determine in connection with any Change of Control Offer whether the 2026 Notes are properly tendered, and the Trustee will have no responsibility for, and may conclusively rely upon, the Company’s determination with respect thereto. Subject to receipt of sufficient funds from the Company, the Paying Agent will promptly transmit to each registered Holder of 2026 Notes properly tendered, the Change of Control Payment for such 2026 Notes, and the Trustee will promptly authenticate and mail, or cause to be transferred by book entry, to each Holder a new 2026 Note equal in principal amount to any unpurchased portion of the 2026 Notes surrendered, if any; provided that each such new 2026 Note will be in a principal amount of $2,000 or an integral multiple of $1,000 thereafter. Any 2026 Note so accepted for payment will cease to accrue interest on and after the Change of Control Payment Date.

Determination of Tender; Responsibilities of Paying Agent and Trustee. The Company will determine in connection with any Change of Control Offer whether the 2026 2021 Notes are properly tendered, and the Trustee will have no responsibility for, and may conclusively rely upon, the Company’s determination with respect thereto. Subject to receipt of sufficient funds from the Company, the Paying Agent will promptly transmit deliver to each registered Holder of 2026 2021 Notes properly tendered, the Change of Control Payment for such 2026 2021 Notes, and the Trustee will promptly authenticate and mail, or cause to be transferred by book entry, to each Holder a new 2026 2021 Note equal in principal amount to any unpurchased portion of the 2026 2021 Notes surrendered, if any; provided that each such new 2026 2021 Note will be in a principal amount of $2,000 or an integral multiple of $1,000 thereafter. Any 2026 2021 Note so accepted for payment will cease to accrue interest on and after the Change of Control Payment Date.

Determination of Tender; Responsibilities of Paying Agent and Trustee. The Company will determine in connection with any Change of Control Offer whether the 2026 2023 Notes are properly tendered, and the Trustee will have no responsibility for, and may conclusively rely upon, the Company’s determination with respect thereto. Subject to receipt of sufficient funds from the Company, the Paying Agent will promptly transmit deliver to each registered Holder of 2026 2023 Notes properly tendered, the Change of Control Payment for such 2026 2023 Notes, and the Trustee will promptly authenticate and mail, or cause to be transferred by book entry, to each Holder a new 2026 2023 Note equal in principal amount to any unpurchased portion of the 2026 2023 Notes surrendered, if any; provided that each such new 2026 2023 Note will be in a principal amount of $2,000 or an integral multiple of $1,000 thereafter. Any 2026 2023 Note so accepted for payment will cease to accrue interest on and after the Change of Control Payment Date.

Determination of Tender; Responsibilities of Paying Agent and Trustee. The Company will determine in connection with any Change of Control Offer whether the 2026 2025 Notes are properly tendered, and the Trustee will have no responsibility for, and may conclusively rely upon, the Company’s determination with respect thereto. Subject to receipt of sufficient funds from the Company, the Paying Agent will promptly transmit deliver to each registered Holder of 2026 2025 Notes properly tendered, the Change of Control Payment for such 2026 2025 Notes, and the Trustee will promptly authenticate and mail, or cause to be transferred by book entry, to each Holder a new 2026 2025 Note equal in principal amount to any unpurchased portion of the 2026 2025 Notes surrendered, if any; provided that each such new 2026 2025 Note will be in a principal amount of $2,000 or an integral multiple of $1,000 thereafter. Any 2026 2025 Note so accepted for payment will cease to accrue interest on and after the Change of Control Payment Date.

Determination of Tender; Responsibilities of Paying Agent and Trustee. The Company will determine in connection with any Change of Control Offer whether the 2026 2024 Notes are properly tendered, and the Trustee will have no responsibility for, and may conclusively rely upon, the Company’s determination with respect thereto. Subject to receipt of sufficient funds from the Company, the Paying Agent will promptly transmit deliver to each registered Holder of 2026 2024 Notes properly tendered, the Change of Control Payment for such 2026 2024 Notes, and the Trustee will promptly authenticate and mail, or cause to be transferred by book entry, to each Holder a new 2026 2024 Note equal in principal amount to any unpurchased portion of the 2026 2024 Notes surrendered, if any; provided that each such new 2026 2024 Note will be in a principal amount of $2,000 or an integral multiple of $1,000 thereafter. Any 2026 2024 Note so accepted for payment will cease to accrue interest on and after the Change of Control Payment Date.