Common use of Effect of Repurchase Notice or Change in Control Repurchase Notice Clause in Contracts

Effect of Repurchase Notice or Change in Control Repurchase Notice. Upon receipt by the Paying Agent of the Repurchase Notice or Change in Control Purchase Notice specified in Section 3.11(b), the Holder of the Security in respect of which such Repurchase Notice or Change in Control Repurchase Notice was given shall (unless such Repurchase Notice or Change in Control Repurchase Notice is withdrawn as specified below) thereafter be entitled to receive solely the Repurchase Price or Change in Control Repurchase Price, together with accrued but unpaid interest (including Contingent Interest and Liquidated Damages, if any) with respect to such Security. Such Repurchase Price or Change in Control Repurchase Price, as applicable, together with accrued but unpaid interest (including Contingent Interest and Liquidated Damages, if any) thereon, to but not including the Repurchase Date or Change in Control Repurchase Date, as the case may be, shall be paid to such Holder promptly following the later of (i) the Repurchase Date or Change in Control Repurchase Date with respect to such Security (provided the conditions in Sections 3.11(b) have been satisfied) and (ii) the time of delivery of such Security to the Paying Agent by the Holder thereof in the manner required by Section 3.11(b). Securities in respect of which a Repurchase Notice or Change in Control Repurchase Notice, as the case may be, has been given by the Holder thereof may not be converted into shares of Common Stock on or after the date of the delivery of such Repurchase Notice or Change in Control Repurchase Notice, as the case may be, unless such Repurchase Notice or Change in Control Repurchase Notice, as the case may be, has first been validly withdrawn. A Repurchase Notice or Change in Control Repurchase Notice, as the case may be, may be withdrawn by means of a written notice of withdrawal delivered by the Holder, with such Holder's signature guaranteed in a manner satisfactory to the Paying Agent, to the office of the Paying Agent at any time prior to the close of business on the Business Day prior to the Repurchase Date or Change in Control Repurchase Date, as the case may be, to which it relates, specifying: (1) the certificate number of each Security in respect of which such notice of withdrawal is being submitted; (2) the principal amount of the Security or portion thereof with respect to which such notice of withdrawal is being submitted; and (3) the principal amount, if any, of such Security that remains subject to the original Repurchase Notice or Change in Control Repurchase Notice and that has been or will be delivered for repurchase by the Company. There shall be no purchase of any Securities pursuant to Section 3.9 or Section 3.10 or redemption pursuant to Section 3.1 if there has occurred prior to, on or after, as the case may be, the giving, by the Holders of such Securities, of the required Repurchase Notice (or Change in Control Repurchase Notice, as the case may be) and is continuing an Event of Default (other than a default in the payment of the Repurchase Price or Change in Control Repurchase Price, as the case may be). The Paying Agent will promptly return to the respective Holders thereof any Securities (x) with respect to which a Repurchase Notice or Change in Control Repurchase Notice, as the case may be, has been withdrawn in compliance with this Indenture, or (y) held by it during the continuance of an Event of Default (other than a default in the payment of the Repurchase Price or Change in Control Repurchase Price, as the case may be) in which case, upon such return, the Repurchase Notice or Change in Control Repurchase Notice with respect thereto shall be deemed to have been withdrawn.

Effect of Repurchase Notice or Change in Control Repurchase Notice. Upon receipt by the Paying Agent of the a Repurchase Notice or Change in Control Purchase Notice specified in Section 3.11(b)Repurchase Notice, the Holder of the Security in respect of which such Repurchase Notice or Change in Control Repurchase Notice Notice, as the case may be, was given shall (unless such Repurchase Notice or Change in Control Repurchase Notice is withdrawn as specified belowin the following two paragraphs) thereafter be entitled to receive solely the Repurchase Price or Change in Control Repurchase Price, together with accrued but unpaid interest (including Contingent Interest and Liquidated Damages, if any) thereon, to but not including the Repurchase Date or Change in Control Repurchase Date, as the case may be, with respect to such Security. Such Repurchase Price or Change in Control Repurchase Price, as applicable, together with accrued but unpaid interest (including Contingent Interest and Liquidated Damages, if any) thereon, to but not including the Repurchase Date or Change in Control Repurchase Date, as the case may be, shall be paid to such Holder Holder, subject to receipt of funds by the Paying Agent, promptly following the later of (ix) the Repurchase Date or the Change in Control Repurchase Date Date, as the case may be, with respect to such Security (provided that the conditions in Sections 3.11(b) Section 3.08 or Section 3.09, as applicable, have been satisfied) and (iiy) the time of delivery or book-entry transfer of such Security to the Paying Agent by the Holder thereof in the manner required by Section 3.11(b3.08 or Section 3.09(c), as applicable. Securities in respect of which a Repurchase Notice or Change in Control Repurchase Notice, as the case may be, has been given by the Holder thereof may not be converted into shares of Common Stock pursuant to Article 10 hereof on or after the date of the delivery of such Repurchase Notice or Change in Control Repurchase Notice, as the case may be, unless such Repurchase Notice or Change in Control Repurchase Notice, as the case may be, has first been validly withdrawn. A Repurchase Notice or Change in Control Repurchase Notice, withdrawn as the case may be, may be withdrawn by means of a written notice of withdrawal delivered by the Holder, with such Holder's signature guaranteed in a manner satisfactory to the Paying Agent, to the office of the Paying Agent at any time prior to the close of business on the Business Day prior to the Repurchase Date or Change in Control Repurchase Date, as the case may be, to which it relates, specifying: (1) the certificate number of each Security in respect of which such notice of withdrawal is being submitted; (2) the principal amount of the Security or portion thereof with respect to which such notice of withdrawal is being submitted; and (3) the principal amount, if any, of such Security that remains subject to the original Repurchase Notice or Change in Control Repurchase Notice and that has been or will be delivered for repurchase by the Company. There shall be no purchase of any Securities pursuant to Section 3.9 or Section 3.10 or redemption pursuant to Section 3.1 if there has occurred prior to, on or after, as the case may be, the giving, by the Holders of such Securities, of the required Repurchase Notice (or Change in Control Repurchase Notice, as the case may be) and is continuing an Event of Default (other than a default specified in the payment of the Repurchase Price or Change in Control Repurchase Price, as the case may be). The Paying Agent will promptly return to the respective Holders thereof any Securities (x) with respect to which a Repurchase Notice or Change in Control Repurchase Notice, as the case may be, has been withdrawn in compliance with this Indenture, or (y) held by it during the continuance of an Event of Default (other than a default in the payment of the Repurchase Price or Change in Control Repurchase Price, as the case may be) in which case, upon such return, the Repurchase Notice or Change in Control Repurchase Notice with respect thereto shall be deemed to have been withdrawnfollowing two paragraphs.

Effect of Repurchase Notice or Change in Control Repurchase Notice. Upon receipt by the Paying Agent of the Repurchase Notice or Change in Control Purchase Repurchase Notice specified in Section 3.11(b)13.3 or Section 13.7, as applicable, the Holder of the Security in respect of which such Repurchase Notice or Change in Control Repurchase Notice Notice, as the case may be, was given shall (unless such Repurchase Notice or Change in Control Repurchase Notice Notice, as the case may be, is withdrawn as specified belowin Section 13.11) thereafter be entitled to receive solely the Repurchase Price or Change in Control Repurchase Price, together with accrued but unpaid interest (including Contingent Interest and Liquidated Damagesas the case may be, if any) with respect to such Security. Such Repurchase Price or Change in Control Repurchase PricePrice shall be paid to such Holder, as applicablesubject to receipts of funds and/or Common Stock by the Paying Agent, together with accrued but unpaid interest promptly following the later of (including Contingent Interest and Liquidated Damages, if any1) thereon, to but not including the Repurchase Date or the Change in Control Repurchase Date, as the case may be, shall be paid to such Holder promptly following the later of (i) the Repurchase Date or Change in Control Repurchase Date with respect to such Security (provided the conditions in Sections 3.11(b) Section 13.3 or Section 13.7, as applicable, have been satisfied) and (ii2) the time of delivery of such Security to the Paying Agent by the Holder thereof in the manner required by Section 3.11(b)13.3 or Section 13.7, as applicable. Securities in respect of which a Repurchase Notice or Change in Control Repurchase Notice, as the case may be, Notice has been given by the Holder thereof may not be converted into shares of Common Stock pursuant to Article XII on or after the date of the delivery of such Repurchase Notice or Change in Control Repurchase Notice, as the case may be, unless such Repurchase Notice or Change in Control Repurchase Notice, as the case may be, has first been validly withdrawn. A Repurchase Notice or Change in Control Repurchase Notice, as the case may be, may be withdrawn by means of a written notice of withdrawal delivered by the Holder, with such Holder's signature guaranteed in a manner satisfactory to the Paying Agent, to the office of the Paying Agent at any time prior to the close of business on the Business Day prior to the Repurchase Date or Change in Control Repurchase Date, as the case may be, to which it relates, specifying: (1) the certificate number of each Security in respect of which such notice of withdrawal is being submitted; (2) the principal amount of the Security or portion thereof with respect to which such notice of withdrawal is being submitted; and (3) the principal amount, if any, of such Security that remains subject to the original Repurchase Purchase Notice or Change in Control Repurchase Notice and that has been or will be delivered for repurchase by the Company. There shall be no purchase of any Securities pursuant to Section 3.9 or Section 3.10 or redemption pursuant to Section 3.1 if there has occurred prior to, on or after, as the case may be, the giving, by the Holders of unless such Securities, of the required Repurchase Notice (or Change in Control Repurchase Notice, as the case may be) and is continuing an Event of Default (other than a default in the payment of the Repurchase Price or Change in Control Repurchase Price, as the case may be). The Paying Agent will promptly return to the respective Holders thereof any Securities (x) with respect to which a Repurchase Notice or Change in Control Repurchase Notice, as the case may be, has been withdrawn in compliance with this Indenture, or (y) held by it during the continuance of an Event of Default (other than a default in the payment of the Repurchase Price or Change in Control Repurchase Price, as the case may be) in which case, upon such return, the Repurchase Purchase Notice or Change in Control Repurchase Notice with respect thereto shall be deemed to have has first been withdrawnvalidly withdrawn as specified in the Section 13.11 below.

Effect of Repurchase Notice or Change in Control Repurchase Notice. Upon receipt by the Paying Agent of the Repurchase Notice or Change in Control Purchase Repurchase Notice specified in Section 3.11(b)13.3 or Section 13.7, as applicable, the Holder of the Security in respect of which such Repurchase Notice or Change in Control Repurchase Notice Notice, as the case may be, was given shall (unless such Repurchase Notice or Change in Control Repurchase Notice Notice, as the case may be, is withdrawn as specified belowin Section 13.11) thereafter be entitled to receive solely the Repurchase Price or Change in Control Repurchase Price, together with accrued but unpaid interest (including Contingent Interest and Liquidated Damagesas the case may be, if any) with respect to such Security. Such Repurchase Price or Change in Control Repurchase PricePrice shall be paid to such Holder, as applicablesubject to receipts of funds and/or Common Stock by the Paying Agent, together with accrued but unpaid interest promptly following the later of (including Contingent Interest and Liquidated Damages, if any1) thereon, to but not including the Repurchase Date or the Change in Control Repurchase Date, as the case may be, shall be paid to such Holder promptly following the later of (i) the Repurchase Date or Change in Control Repurchase Date with respect to such Security (provided the conditions in Sections 3.11(b) Section 13.3 or Section 13.7, as applicable, have been satisfied) and (ii2) the time of delivery of such Security to the Paying Agent by the Holder thereof in the manner required by Section 3.11(b)13.3 or Section 13.7, as applicable. Securities in respect of which a Repurchase Notice or Change in Control Repurchase Notice, as the case may be, Notice has been given by the Holder thereof may not be converted into shares of Common Stock pursuant to Article XII on or after the date of the delivery of such Repurchase Notice or Change in Control Repurchase Notice, as the case may be, unless such Repurchase Notice or Change in Control Repurchase Notice, as the case may be, has first been validly withdrawn. A Repurchase Notice or Change in Control Repurchase Notice, as the case may be, may be withdrawn by means of a written notice of withdrawal delivered by the Holder, with such Holder's signature guaranteed in a manner satisfactory to the Paying Agent, to the office of the Paying Agent at any time prior to the close of business on the Business Day prior to the Repurchase Date or Change in Control Repurchase Date, as the case may be, to which it relates, specifying: (1) the certificate number of each Security in respect of which such notice of withdrawal is being submitted; (2) the principal amount of the Security or portion thereof with respect to which such notice of withdrawal is being submitted; and (3) the principal amount, if any, of such Security that remains subject to the original Repurchase Purchase Notice or Change in Control Repurchase Notice and that unless, in the case of a Security in respect of which a Purchase Notice has been or will be delivered for repurchase by the Company. There shall be no purchase of any Securities pursuant to Section 3.9 or Section 3.10 or redemption pursuant to Section 3.1 if there given, such Purchase Notice has occurred prior to, on or after, first been validly withdrawn as the case may be, the giving, by the Holders of such Securities, of the required Repurchase Notice (or Change in Control Repurchase Notice, as the case may be) and is continuing an Event of Default (other than a default specified in the payment of the Repurchase Price or Change in Control Repurchase Price, as the case may be). The Paying Agent will promptly return to the respective Holders thereof any Securities (x) with respect to which a Repurchase Notice or Change in Control Repurchase Notice, as the case may be, has been withdrawn in compliance with this Indenture, or (y) held by it during the continuance of an Event of Default (other than a default in the payment of the Repurchase Price or Change in Control Repurchase Price, as the case may be) in which case, upon such return, the Repurchase Notice or Change in Control Repurchase Notice with respect thereto shall be deemed to have been withdrawnSection 13.11 below.

Effect of Repurchase Notice or Change in Control Repurchase Notice. (a) Upon receipt by the Paying Agent of the a Repurchase Notice or Change in Control Purchase Notice specified in Section 3.11(b)Repurchase Notice, the Holder of the Security in respect of which such Repurchase Notice or Change in Control Repurchase Notice Notice, as the case may be, was given shall (unless such Repurchase Notice or Change in Control Repurchase Notice is withdrawn as specified belowin the following paragraph) thereafter be entitled to receive solely the Repurchase Price or Change in Control Repurchase Price, together with accrued but unpaid interest (including Contingent Interest and Liquidated Damages, if any) thereon, to but not including the Repurchase Date or Change in Control Repurchase Date, as the case may be, with respect to such Security. Such Repurchase Price or Change in Control Repurchase Price, as applicable, together with accrued but unpaid interest (including Contingent Interest and Liquidated Damages, if any) thereon, to but not including the Repurchase Date or Change in Control Repurchase Date, as the case may be, shall be paid to such Holder Holder, subject to receipt of funds by the Paying Agent, promptly following the later of (ix) the Repurchase Date or the Change in Control Repurchase Date Date, as the case may be, with respect to such Security (provided that the conditions in Sections 3.11(b) Section 3.02 or Section 3.03, as applicable, have been satisfied) and (iiy) the time of delivery or book-entry transfer of such Security to the Paying Agent by the Holder thereof in the manner required by Section 3.11(b)3.02 or Section 3.03, as applicable. Securities in respect of which a Repurchase Notice or Change in Control Repurchase Notice, as the case may be, has been given by the Holder thereof may not be converted into shares exchanged pursuant to Article V of Common Stock this Indenture on or after the date of the delivery of such Repurchase Notice or Change in Control Repurchase Notice, as the case may be, unless such Repurchase Notice or Change in Control Repurchase Notice, as the case may be, has first been validly withdrawn. withdrawn as specified in the following paragraph. (b) A Repurchase Notice or Change in Control Repurchase Notice, as the case may be, may be withdrawn by means of a written notice of withdrawal delivered by the Holder, with such Holder's signature guaranteed in a manner satisfactory to the Paying Agent, to the office of the Paying Agent in accordance with the Repurchase Notice or Change in Control Repurchase Notice, as the case may be, at any time prior to the close of business on the Business Day prior to the Repurchase Date or the close of business on the Business Day preceding the Change in Control Repurchase Date, as the case may be, to which it relates, specifying: (1i) if the certificate number of each Security in with respect of to which such notice of withdrawal is being submittedsubmitted is a Security in definitive form, the certificate number of such Security, or if such Security is a Global Security, the notice must comply with the Applicable Procedures; (2ii) the principal amount of the Security or portion thereof with respect to which such notice of withdrawal is being submitted; and (3iii) the principal amount, if any, of such Security that which remains subject to the original Repurchase Notice or Change in Control Repurchase Notice and that has been or will be delivered for repurchase by the Company. There shall be no purchase of any Securities pursuant to Section 3.9 or Section 3.10 or redemption pursuant to Section 3.1 if there has occurred prior to, on or after, as the case may be, the giving, by the Holders of such Securities, of the required Repurchase Notice (or Change in Control Repurchase Notice, as the case may be) and is continuing an Event of Default (other than a default in the payment of the Repurchase Price or Change in Control Repurchase Price, as the case may be). The Paying Agent will promptly return to the respective Holders thereof any Securities (x) with respect to which a Repurchase Notice or Change in Control Repurchase Notice, as the case may be, and which has been withdrawn in compliance with this Indenture, or (y) held will be delivered for repurchase by it during the continuance of an Event of Default (other than a default in the payment of the Repurchase Price or Change in Control Repurchase Price, as the case may be) in which case, upon such return, the Repurchase Notice or Change in Control Repurchase Notice with respect thereto shall be deemed to have been withdrawnCompany.