Common use of Effect of Fundamental Change Purchase Notice Clause in Contracts

Effect of Fundamental Change Purchase Notice. (a) Upon receipt by any Paying Agent of a properly completed Fundamental Change Purchase Notice from a Holder, the Holder of the Security in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified in Section 3.02(b)) thereafter be entitled to receive the Fundamental Change Purchase Price with respect to such Security. Such Fundamental Change Purchase Price shall be paid to such Holder promptly following the later of (1) the Fundamental Change Purchase Date (provided that the conditions in Section 3.01 have been satisfied) and (2) the time of delivery of such Security to a Paying Agent by the Holder thereof in the manner required by Section 3.01(c). Securities in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted in accordance with the provisions of Article 4 on or after the date of the delivery of such Fundamental Change Purchase Notice unless such Fundamental Change Purchase Notice has first been validly withdrawn in accordance with Section 3.02(b) with respect to the Securities to be converted.

Effect of Fundamental Change Purchase Notice. (a) Upon receipt by any Paying Agent of a properly completed Fundamental Change Purchase Notice from a Holder, the Holder of the Security in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified in Section 3.02(b)) or the Securities have previously been submitted for conversion) thereafter be entitled to receive the Fundamental Change Purchase Price with respect to such Security, subject to the occurrence of the Fundamental Change Effective Date. Such Fundamental Change Purchase Price shall be paid to such Holder promptly promptly, but no later than two Business Days, following the later of (1) the Fundamental Change Purchase Date (provided that the conditions in Section 3.01 have been satisfied) and (2) the time of delivery of such Security to a Paying Agent by the Holder thereof in the manner required by Section 3.01(c). Securities in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted in accordance with the provisions into shares of Common Stock pursuant to Article 4 on or after the date of the delivery of such Fundamental Change Purchase Notice unless such Fundamental Change Purchase Notice has first been validly withdrawn in accordance with Section 3.02(b) with respect to the Securities to be converted.

Effect of Fundamental Change Purchase Notice. (a) Upon receipt by any Paying Agent of a properly completed Fundamental Change Purchase Notice from a HolderNotice, the Holder of the Security in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified in Section 3.02(b)below) thereafter be entitled to receive the Fundamental Change Purchase Price with respect to such Security. Such The Fundamental Change Purchase Price shall be paid to such Holder promptly following the later of (1i) the Fundamental Change Purchase Date with respect to such Security (provided that such Holder has satisfied the conditions in Section 3.01 have been satisfied3.01) and (2ii) the time of delivery of such Security to a Paying Agent by the Holder thereof in the manner required by Section 3.01(c)3.01. Securities A Security in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted in accordance with the provisions of pursuant to Article 4 hereof on or after the date of the delivery of such Fundamental Change Purchase Notice Notice, unless either (i) such Fundamental Change Purchase Notice has first been validly withdrawn in accordance with Section 3.02(b); or (ii) there shall be a default in the payment of the Fundamental Change Purchase Price, provided, that the conversion right with respect to such Security shall terminate at the Securities to be convertedclose of business on the date such default is cured and such Security is purchased in accordance herewith.

Effect of Fundamental Change Purchase Notice. (a) Upon receipt by any the Paying Agent of a properly completed the Fundamental Change Purchase Notice from a Holderspecified in Section 5.1(c), the Holder of the Security Note in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified in Section 3.02(b)the following paragraph) thereafter be entitled to receive the Fundamental Change Purchase Price with respect to such SecurityNote. Such Fundamental Change Purchase Price shall be paid to such Holder Holder, subject to receipt of cash by the Paying Agent, promptly following the later of (1i) the Fundamental Change Purchase Date with respect to such Note (provided that the conditions in Section 3.01 5.1(c) have been satisfied) and (2ii) the time of book-entry transfer or delivery of such Security Note to a the Paying Agent by the Holder thereof in the manner required by Section 3.01(c5.1(c). Securities Notes in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted in accordance with the provisions of Article 4 pursuant to ARTICLE XII on or after the date of the delivery of such Fundamental Change Purchase Notice unless such Fundamental Change Purchase Notice has first been validly withdrawn as specified in accordance with Section 3.02(b) with respect to the Securities to be convertedfollowing paragraph.

Effect of Fundamental Change Purchase Notice. (a) Upon receipt by any the Paying Agent of a properly completed Fundamental Change Purchase Notice from a HolderNotice, the Holder of the Security in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified in Section 3.02(b)below) thereafter be entitled to receive the Fundamental Change Purchase Price with respect to such Security. Such Fundamental Change Purchase Price shall be paid to such Holder promptly following the later of (1i) the Fundamental Change Purchase Date (provided that such Holder has satisfied the conditions in Section 3.01 have been satisfied3.01(d) with respect to such Security) and (2ii) the time of book-entry transfer or delivery of such Security to a the Paying Agent by the Holder thereof in the manner required by Section 3.01(c3.01(d). Securities A Security in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted in accordance with the provisions of pursuant to Article 4 hereof on or after the date of the delivery of such Fundamental Change Purchase Notice Notice, unless either (i) such Fundamental Change Purchase Notice has first been validly withdrawn in accordance with Section 3.02(b); or (ii) there shall be a default in the payment of the Fundamental Change Purchase Price, provided, that the conversion right with respect to such Security shall terminate at the Securities to be convertedClose of Business on the date such default is cured and such Security is purchased in accordance herewith.

Effect of Fundamental Change Purchase Notice. (a) Upon receipt by any the Paying Agent of a properly completed the Fundamental Change Purchase Notice from a Holderspecified in Section 3.01(c), the Holder of the Security Note in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified in Section 3.02(b)the following two paragraphs) thereafter be entitled to receive solely the Fundamental Change Purchase Price and any accrued and unpaid interest, with respect to such SecurityNote. Such Fundamental Change Purchase Price and interest shall be paid to such Holder promptly Holder, subject to receipt of funds by the Paying Agent, on or prior to the third Business Day following the later of (1x) the Fundamental Change Purchase Date Date, with respect to such Note (provided that the conditions in Section 3.01 3.01(c) have been satisfied) and (2y) the time of delivery of such Security Note to a the Paying Agent by the Holder thereof in the manner required by Section 3.01(c). Securities Notes in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted in accordance with the provisions of pursuant to Article 4 10 hereof on or after the date of the delivery of such Fundamental Change Purchase Notice unless such Fundamental Change Purchase Notice has first been validly withdrawn as specified in accordance with Section 3.02(b) with respect to the Securities to be converted).

Effect of Fundamental Change Purchase Notice. (a) Upon receipt by any the Paying Agent of a properly completed the Fundamental Change Purchase Notice from a Holderspecified in Section 3.01(a), the Holder of the Security Note in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified in Section 3.02(b)the following two paragraphs) thereafter be entitled to receive solely the Fundamental Change Purchase Price with respect to such SecurityNote. Such Fundamental Change Purchase Price shall be paid to such Holder Holder, subject to receipt of funds by the Paying Agent, promptly following on the later of (1x) the Fundamental Change Purchase Date with respect to such Note (provided that the conditions in Section 3.01 3.01(a) have been satisfied) and (2y) the time of book-entry transfer or the delivery of such Security Note to a the Paying Agent by the Holder thereof in the manner required by Section 3.01(c). Securities Notes in respect of which a Fundamental Change Purchase in Control Repurchase Notice has been given by the Holder thereof may not be converted in accordance with the provisions of pursuant to Article 4 11 hereof on or after the date of the delivery of such Fundamental Change Purchase in Control Repurchase Notice unless such Fundamental Change Purchase in Control Repurchase Notice has first been validly withdrawn as specified in accordance with this Section 3.02(b) with respect to the Securities to be converted3.02.

Effect of Fundamental Change Purchase Notice. (a) Upon receipt by any the Paying Agent of a properly completed the Fundamental Change Purchase Notice from a Holderspecified in Section 3.01(c), the Holder of the Security Note in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified in Section 3.02(b)the following two paragraphs) thereafter be entitled to receive solely the Fundamental Change Purchase Price and any accrued and unpaid interest, with respect to such SecurityNote. Such Fundamental Change Purchase Price and interest shall be paid to such Holder promptly Holder, subject to receipt of funds by the Paying Agent, on or prior to the third Business Day following the later of (1x) the Fundamental Change Purchase Date Date, with respect to such Note (provided that the conditions in Section 3.01 3.01(c) have been satisfied) and (2y) the time of delivery of such Security Note to a the Paying Agent by the Holder thereof in the manner required by Section 3.01(c). Securities Notes in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted in accordance with the provisions of pursuant to Article 4 10 hereof on or after the date of the delivery of such Fundamental Change Purchase Notice unless such Fundamental Change Purchase Notice has first been validly withdrawn as specified in accordance with Section 3.02(b) with respect to the Securities to be convertedfollowing two paragraphs.

Effect of Fundamental Change Purchase Notice. (a) Upon receipt by any Paying Agent of a properly completed Fundamental Change Purchase Notice from a Holder, the Holder of the Security in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified in Section 3.02(b)) thereafter be entitled to receive the Fundamental Change Purchase Price with respect to such Security. Such Fundamental Change Purchase Price shall be paid to such Holder promptly following the later of (1) the Fundamental Change Purchase Date (provided that the conditions in Section 3.01 have been satisfied) and or (2) the time of delivery of such Security to a Paying Agent by the Holder thereof in the manner required by Section 3.01(c). Securities in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted in accordance with the provisions of Article 4 on or after the date of the delivery of such Fundamental Change Purchase Notice unless such Fundamental Change Purchase Notice has first been validly withdrawn in accordance with Section 3.02(b) with respect to the Securities to be converted.

Effect of Fundamental Change Purchase Notice. (a) Upon receipt by any Paying Agent of a properly completed the Fundamental Change Purchase Notice from a Holderspecified in Section 4.1(c), the Holder of the Security in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified in Section 3.02(b)below) thereafter be entitled to receive the Fundamental Change Purchase Price with respect to such Security. Such Fundamental Change Purchase Price shall be paid to such Holder promptly following the later of (1i) the Fundamental Change Purchase Date with respect to such Security (provided that the conditions in Section 3.01 4.1(c) have been satisfied) and (2ii) the time of delivery of such Security to a Paying Agent by the Holder thereof in the manner required by Section 3.01(c4.1(c). Securities in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted in accordance with the provisions into shares of Common Stock pursuant to Article 4 6 hereof on or after the date of the delivery of such Fundamental Change Purchase Notice Notice, unless such Fundamental Change Purchase Notice has first been validly withdrawn in accordance with Section 3.02(b) with respect to the Securities to be converted4.2(b).

Effect of Fundamental Change Purchase Notice. (a) Upon receipt by any Paying Agent of a properly completed the Fundamental Change Purchase Notice from a Holderspecified in Section 5.1(c), the Holder of the Security in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified in Section 3.02(b)below) thereafter be entitled to receive the Fundamental Change Purchase Price with respect to such Security. Such Fundamental Change Purchase Price shall be paid to such Holder promptly following the later of (1i) the Fundamental Change Purchase Date with respect to such Security (provided that such Holder has satisfied the conditions in Section 3.01 have been satisfied5.1(c)) and (2ii) the time of delivery of such Security to a Paying Agent by the Holder thereof in the manner required by Section 3.01(c5.1(c). Securities A Security in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted in accordance with the provisions into shares of Common Stock pursuant to Article 4 7 hereof on or after the date of the delivery of such Fundamental Change Purchase Notice Notice, unless either (i) such Fundamental Change Purchase Notice has first been validly withdrawn in accordance with Section 3.02(b5.2(b); or (ii) there shall be a default in the payment of the Fundamental Change Purchase Price, provided, that the conversion right with respect to such Security shall terminate at 5:00 p.m., New York City time, on the Securities to be converteddate such default is cured and such Security is purchased in accordance herewith.

Effect of Fundamental Change Purchase Notice. (a) Upon receipt by any Paying Agent of a properly completed the Fundamental Change Purchase Notice from a Holderspecified in Section 5.1(c), the Holder of the Security in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified in Section 3.02(b)below) thereafter be entitled to receive the Fundamental Change Purchase Price with respect to such Security. Such Fundamental Change Purchase Price shall be paid to such Holder promptly following the later of (1i) the Fundamental Change Purchase Date with respect to such Security (provided that such Holder has satisfied the conditions in Section 3.01 have been satisfied5.1(c)) and (2ii) the time of delivery of such Security to a Paying Agent by the Holder thereof in the manner required by Section 3.01(c5.1(c). Securities A Security in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted in accordance with the provisions into shares of Common Stock pursuant to Article 4 7 hereof on or after the date of the delivery of such Fundamental Change Purchase Notice Notice, unless either (i) such Fundamental Change Purchase Notice has first been validly withdrawn in accordance with Section 3.02(b5.2(b); or (ii) there shall be a default in the payment of the Fundamental Change Purchase Price, in which case the conversion right with respect to such Security shall terminate at 5:00 p.m., New York City time, on the Securities to be converteddate such default is cured and such Security is purchased in accordance herewith.

Effect of Fundamental Change Purchase Notice. 23 (a) Upon receipt by any the Paying Agent of a properly completed the Fundamental Change Purchase Notice from a Holderspecified in Section 3.01(c), the Holder of the Security Note in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified in Section 3.02(b)the following two paragraphs) thereafter be entitled to receive solely the Fundamental Change Purchase Price and any accrued and unpaid interest, with respect to such SecurityNote. Such Fundamental Change Purchase Price and interest shall be paid to such Holder promptly Holder, subject to receipt of funds by the Paying Agent, on or prior to the third Business Day following the later of (1x) the Fundamental Change Purchase Date Date, with respect to such Note (provided that the conditions in Section 3.01 3.01(c) have been satisfied) and (2y) the time of delivery of such Security Note to a the Paying Agent by the Holder thereof in the manner required by Section 3.01(c). Securities Notes in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted in accordance with the provisions of pursuant to Article 4 10 hereof on or after the date of the delivery of such Fundamental Change Purchase Notice unless such Fundamental Change Purchase Notice has first been validly withdrawn as specified in accordance with Section 3.02(b) with respect to the Securities to be converted.following two paragraphs. 23

Effect of Fundamental Change Purchase Notice. (a) Upon receipt by any Paying Agent of a properly completed Fundamental Change Purchase Notice from a Holder, the Holder of the Security in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified in Section 3.02(b)) thereafter be entitled to receive the Fundamental Change Purchase Price with respect to such Security. Such Fundamental Change Purchase Price shall be paid to such Holder promptly following the later of (1) the Fundamental Change Purchase Date (provided that the conditions in Section 3.01 have been satisfied) and (2) the time of delivery of such Security to a Paying Agent by the Holder thereof in the manner required by Section 3.01(c). Securities in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be cash converted in accordance with the provisions of Article 4 on or after the date of the delivery of such Fundamental Change Purchase Notice unless such Fundamental Change Purchase Notice has first been validly withdrawn in accordance with Section 3.02(b) with respect to the Securities to be cash converted.

Effect of Fundamental Change Purchase Notice. (a) Upon receipt by any Paying Agent of a properly completed Fundamental Change Purchase Notice from a Holder, the Holder of the Security in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified in Section 3.02(b3.09(b)) thereafter be entitled to receive the Fundamental Change Purchase Price with respect to such Security, subject to the requirements below. Such Fundamental Change Purchase Price shall be paid to such Holder promptly following the later of (1) the Fundamental Change Purchase Date (provided that the conditions in Section 3.01 3.08 have been satisfied) and (2) the time of delivery of such Security to a Paying Agent by the Holder thereof in the manner required by Section 3.01(c3.08(c). Securities in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted in accordance with the provisions into shares of Common Stock pursuant to Article 4 on or after the date of the delivery of such Fundamental Change Purchase Notice unless such Fundamental Change Purchase Notice has first been validly withdrawn in accordance with Section 3.02(b3.09(b) with respect to the Securities to be converted.