Common use of Fundamental Change Company Notice Clause in Contracts

Fundamental Change Company Notice. On or before the 10th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1) the events causing the Fundamental Change; (2) the date of the Fundamental Change; (3) the last date on which a Holder may exercise the purchase right; (4) the Fundamental Change Purchase Price; (5) the Fundamental Change Purchase Date; (6) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7) if applicable, the Applicable Conversion Rate and any adjustments to the Applicable Conversion Rate; (8) if applicable, that the Notes with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.03; and (9) the procedures that Holders must follow to require the Company to purchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase rights or affect the validity of the proceedings for the purchase of the Notes pursuant to this Section 8.01.

Fundamental Change Company Notice. On or before the 10th day 20th Business Day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes Securities and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase repurchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder may exercise the purchase repurchase right; (4iv) the Fundamental Change Purchase Repurchase Price; (5v) the Fundamental Change Purchase Repurchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) viii) if applicable, that the Notes Securities with respect to which a Fundamental Change Purchase Repurchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Repurchase Notice in accordance with Section 8.03; and (9ix) the procedures that Holders must follow to require the Company to purchase repurchase their NotesSecurities. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase the Securityholders’ repurchase rights or affect the validity of the proceedings for the purchase repurchase of the Notes Securities pursuant to this Section 8.01.

Fundamental Change Company Notice. On or before the 10th 20th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mailmail or otherwise sent electronically in accordance with the applicable procedures of the Depositary in the case of Global Notes. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall will specify: (1i) the events causing the Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder may exercise the purchase right; (4iv) the Fundamental Change Purchase Price; (5v) the Fundamental Change Purchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable Conversion Rate and any adjustments to the Applicable Conversion Rate; (8) viii) if applicable, that the Notes with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.037.03; and (9ix) the procedures that Holders must follow to require the Company to purchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase rights or affect the validity of the proceedings for the purchase of the Notes pursuant to this Section 8.017.01.

Fundamental Change Company Notice. On or before the 10th 20th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereofthereof (a “Fundamental Change Offer”). Such mailing With respect to Physical Notes, such delivery shall be by first class mail, and with respect to Global Notes, such delivery shall be pursuant to the Applicable Procedures of the Depository. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specifystate: (1i) that the Fundamental Change Company Notice is being made pursuant to this Section 8.01 and that all Notes tendered will be accepted for payment; (ii) the events causing the Fundamental Change; (2iii) the date of the Fundamental Change; (3iv) the last date on which a Holder may exercise the purchase rightright or withdraw their election; (4v) the Fundamental Change Purchase Price; (5vi) the Fundamental Change Purchase Date; (6vii) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7viii) if applicable, the Applicable Conversion Rate and any adjustments to the Applicable Conversion Rate; (8) ix) if applicable, that the Notes with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.03; and; (9x) that any Note not tendered will continue to accrue interest in accordance with the terms of this Indenture; (xi) the procedures that Holders must follow to require the Company to purchase their Notes, including that Holders electing to have any Notes purchased will be required to surrender the Notes; and (xii) that Holders whose Notes are being purchased only in part will be issued new Notes equal in Principal Amount to the unpurchased portion of the Notes surrendered. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase rights or affect the validity of the proceedings for the purchase of the Notes pursuant to this Section 8.01. Notwithstanding anything to the contrary in this Section 8.01 the Company will not be required to make a Fundamental Change Offer upon a Fundamental Change if a third party makes the Fundamental Change Offer in the manner, at the times and otherwise in compliance with the requirements set forth in this Section 8.01 and purchases all Notes properly tendered and not withdrawn under the Fundamental Change Offer (it being understood that such third-party may make a Fundamental Change Offer that is conditioned upon and prior to the occurrence of a Fundamental Change). Notwithstanding anything to the contrary contained herein, a Fundamental Change Offer may be made in advance of a Fundamental Change, conditioned upon the consummation of such Fundamental Change, if a definitive agreement is in place for the Fundamental Change at the time the Fundamental Change Offer is made.

Fundamental Change Company Notice. (a) On or before the 10th day fifth (5th) Business Day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and Notes, the Trustee and the Paying Agent (in the case of any Paying Agent other than the Trustee) a written notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing notice shall be sent by first class mailmail or, in the case of any Global Notes, in accordance with the Applicable Procedures for providing notices. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or press release and publish such information on the Company’s website or through such other public medium as the Company may use at such timewebsite. Each Fundamental Change Company Notice shall specify: (1i) the events causing the Fundamental Change; (2ii) the date Effective Date of the Fundamental Change, whether the Fundamental Change is a Make-Whole Fundamental Change, and, if so, the Effective Date of such Make-Whole Fundamental Change; (3iii) the last date on which a Holder of Notes may exercise the purchase rightright pursuant to Section 3.01; (4iv) the Fundamental Change Purchase Price; (5v) the Fundamental Change Purchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion RateRate resulting from the Fundamental Change, if applicable; (8) viii) if applicable, that the Notes with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.03this Indenture; (ix) that the Holder must exercise the purchase right prior to the Fundamental Change Expiration Time; (x) that the Holder shall have the right to withdraw any Notes surrendered for purchase prior to the Fundamental Change Expiration Time; and (9xi) the procedures that Holders must follow to require the Company to purchase their Notes. . (b) No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase the Holders’ repurchase rights or affect the validity of the proceedings for the purchase repurchase of the Notes pursuant to this Section 8.013.01. (c) At the Company’s written request, the Trustee shall give such Fundamental Change Company Notice in the Company’s name and at the Company’s expense; provided, however, that, in all cases, the text of such Fundamental Change Company Notice shall be prepared by the Company; provided, further that the Company shall have delivered to the Trustee, at least three (3) Business Days before the Fundamental Change Company Notice is required to be mailed (or such shorter period agreed to by the Trustee), an Officer’s Certificate requesting that the Trustee give such Fundamental Change Company Notice and setting forth the complete form of such Fundamental Change Company Notice and the information to be stated in such Fundamental Change Company Notice. Neither the Trustee nor the Paying Agent shall be responsible for determining if a Fundamental Change has occurred for delivering a Fundamental Change Company Notice to Holders.

Fundamental Change Company Notice. On or before the 10th 20th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes Securities and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder may exercise the purchase right; (4iv) the Fundamental Change Purchase Price; (5v) the Fundamental Change Purchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) viii) if applicable, that the Notes Securities with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.036.03; and (9ix) the procedures that Holders must follow to require the Company to purchase their NotesSecurities. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s the Holders’ purchase rights or affect the validity of the proceedings for the purchase of the Notes Securities pursuant to this Section 8.016.01.

Fundamental Change Company Notice. On or before the 10th 20th calendar day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the a Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on by which a Holder may exercise the purchase right; (4iv) the Fundamental Change Purchase Price; (5v) the Fundamental Change Purchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) viii) if applicable, that the Notes with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.033.03; and (9ix) the procedures that Holders must follow to require the Company to purchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s the Noteholders’ purchase rights or affect the validity of the proceedings for the purchase of the Notes pursuant to this Section 8.013.01.

Fundamental Change Company Notice. On or before the 10th day 20th Business Day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes Securities and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase repurchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder may exercise the purchase repurchase right; (4iv) the Fundamental Change Purchase Repurchase Price; (5v) the Fundamental Change Purchase Repurchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) viii) whether the Company will pay the Fundamental Change Repurchase Price in cash, shares of the Company’s Common Stock, Acquiror Securities or a combination thereof, specifying the percentage of each; (ix) if applicable, that the Notes Securities with respect to which a Fundamental Change Purchase Repurchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Repurchase Notice in accordance with Section 8.03; and (9x) the procedures that Holders must follow to require the Company to purchase repurchase their NotesSecurities. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase the Securityholders’ repurchase rights or affect the validity of the proceedings for the purchase repurchase of the Notes Securities pursuant to this Section 8.01.

Fundamental Change Company Notice. On or before the 10th 20th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes Securities and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase repurchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder may exercise the purchase repurchase right; (4iv) the Fundamental Change Purchase Repurchase Price; (5v) the Fundamental Change Purchase Repurchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) viii) if applicable, that the Notes Securities with respect to which a Fundamental Change Purchase Repurchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Repurchase Notice in accordance with Section 8.039.03; and (9ix) the procedures that Holders must follow to require the Company to purchase repurchase their NotesSecurities. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase the Holders’ repurchase rights or affect the validity of the proceedings for the purchase repurchase of the Notes Securities pursuant to this Section 8.019.01.

Fundamental Change Company Notice. On or before the 10th 20th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase repurchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder may exercise the purchase repurchase right; (4iv) the Fundamental Change Purchase Repurchase Price; (5v) the Fundamental Change Purchase Repurchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) viii) if applicable, that the Notes with respect to which a Fundamental Change Purchase Repurchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Repurchase Notice in accordance with Section 8.035.03; and (9ix) the procedures that Holders must follow to require the Company to purchase repurchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase repurchase rights or affect the validity of the proceedings for the purchase repurchase of the Notes pursuant to this Section 8.015.01.

Fundamental Change Company Notice. On or before the 10th 20th calendar day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing notice shall be sent by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York, New York or shall publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the a Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder of Notes may exercise the purchase rightrepurchase right pursuant to this Section 6; (4iv) the Fundamental Change Purchase Price; (5v) the Fundamental Change Purchase Date; (6) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vi) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) vii) if applicable, that the Notes with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.03this Agreement; and (9viii) the procedures that Holders must follow to require the Company to purchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s the purchase rights of the Holders of Notes or affect the validity of the proceedings for the purchase of the Notes pursuant to this Section 8.016.6.

Fundamental Change Company Notice. On Subject to Section 8.08, on or before the 10th 20th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) whether the fundamental change is a Make-Whole Fundamental Change, and the last day on which a Holder may convert in connection with the Make-Whole Fundamental Change; 61 (iv) the last date on which a Holder may exercise the purchase right; (4v) the Fundamental Change Purchase Price; (5vi) the Fundamental Change Purchase Date; (6vii) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7viii) if applicable, the Applicable Conversion Rate and any adjustments to the Applicable Conversion Rate; (8) ix) if applicable, that the Notes with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.03; and (9x) the procedures that Holders must follow to require the Company to purchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase rights or affect the validity of the proceedings for the purchase of the Notes pursuant to this Section 8.01.

Fundamental Change Company Notice. On or before the 10th day after 20th Business Day immediately following the occurrence effective date of a Fundamental Change, the Company shall provide to all Holders of record of the Notes Securities and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase repurchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The the City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the such Fundamental Change; (2ii) the date of the such Fundamental Change; (3iii) the last date on which a Holder may exercise the purchase repurchase right; (4iv) the Fundamental Change Purchase Repurchase Price; (5v) the Fundamental Change Purchase Repurchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable applicable Conversion Rate and any adjustments that will be made to the Applicable applicable Conversion RateRate in connection with such Fundamental Change; (8) viii) if applicable, that the Notes Securities with respect to which a Fundamental Change Purchase Repurchase Notice has been delivered by a Holder may be converted only to the extent that portions of such Securities are not subject to such Fundamental Change Repurchase Notice or if the Holder validly withdraws the Fundamental Change Purchase Repurchase Notice in accordance with Section 8.037.03; and (9ix) the procedures that Holders must follow to require the Company to purchase repurchase their NotesSecurities. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase the Holders’ repurchase rights or affect the validity of the proceedings for the purchase repurchase of the Notes Securities pursuant to this Section 8.017.01.

Fundamental Change Company Notice. On or before the 10th 20th day after the occurrence date on which Fundamental Change becomes effective, which Fundamental Change results in Holders of a Fundamental ChangeNotes having the right to cause the Company to repurchase their Notes (the "Effective Date"), the Company shall provide to all Holders of record of the Notes and Notes, the Trustee and the Paying Agent (in the case of any Paying Agent other than the Trustee) a notice (the “"Fundamental Change Company Notice”") of the occurrence of such Fundamental Change and of the purchase Repurchase right at the option of the Holders arising as a result thereof. Such mailing notice shall be by first class mailgiven pursuant to Section 12.01, in the case of any Global Notes, in accordance with the procedures of the Depositary for providing notices. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish issue a notice containing press release (and make the information included therein once in a newspaper of general circulation in The City of New York or publish such information press release available on the Company’s website or 's website) and shall publish such press release through such other a public medium as the Company may use at customary for such timepress releases. Each Fundamental Change Company Notice shall specify: (1) the events causing the a Fundamental Change; (2) the effective date of the Fundamental Change; (3) whether such Fundamental Change is a Make-Whole Fundamental Change, in which case the adjustments in Section 5.05 shall be applicable; (4) the last date on which a Holder of Notes may exercise the purchase rightrepurchase right pursuant to this Article Four; (45) the Fundamental Change Purchase Price; (56) the Fundamental Change Purchase Date; (67) if applicable, the name and address of the Paying Agent and the Conversion Agent, if applicable; (7) 8) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) 9) if applicable, that the Notes with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.03the Indenture; and (910) the procedures that Holders must follow to require the Company to purchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase the repurchase rights of the Holders of Notes or affect the validity of the proceedings for the purchase repurchase of the Notes pursuant to this Section 8.014.01.

Fundamental Change Company Notice. On or before the 10th 20th day after the occurrence date on which Fundamental Change becomes effective, which Fundamental Change results in Holders of a Fundamental ChangeNotes having the right to cause the Company to repurchase their Notes (the “effective date”), the Company shall provide to all Holders of record of the Notes and Notes, the Trustee and the Paying Agent (in the case of any Paying Agent other than the Trustee) a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase Repurchase right at the option of the Holders arising as a result thereof. Such mailing notice shall be by first class mailgiven pursuant to 11.2 of the Original Indenture, in the case of any Global Notes, in accordance with the procedures of the Depositary for providing notices. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish issue a notice containing press release (and make the information included therein once in a newspaper of general circulation in The City of New York or publish such information press release available on the Company’s website or website) and shall publish such press release through such other a public medium as the Company may use at customary for such timepress releases. Each Fundamental Change Company Notice shall specify: (1i) the events causing the a Fundamental Change; (2ii) the effective date of the Fundamental Change; (3iii) whether such Fundamental Change is a Make-Whole Fundamental Change, in which case the adjustments in Section 4.06 shall be applicable; (iv) the last date on which a Holder of Notes may exercise the purchase rightrepurchase right pursuant to this Article 3; (4v) the Fundamental Change Purchase Price; (5vi) the Fundamental Change Purchase Date; (6vii) if applicable, the name and address of the Paying Agent and the Conversion Agent, if applicable; (7viii) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) ix) if applicable, that the Notes with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.03the Indenture; and (9x) the procedures that Holders must follow to require the Company to purchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase the repurchase rights of the Holders of Notes or affect the validity of the proceedings for the purchase repurchase of the Notes pursuant to this Section 8.013.01.

Fundamental Change Company Notice. On or before the 10th 20th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes Securities and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York City or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder may exercise the purchase right; (4iv) the Fundamental Change Purchase Price; (5v) the Fundamental Change Purchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable Conversion Rate and any adjustments to the Applicable Conversion Rate; (8) viii) if applicable, that the Notes Securities with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the its Fundamental Change Purchase Notice in accordance with Section 8.037.03; and (9ix) the procedures that Holders must follow to require the Company to purchase their NotesSecurities. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase rights or affect the validity of the proceedings for the purchase of the Notes Securities pursuant to this Section 8.017.01.

Fundamental Change Company Notice. On or before the 10th 20th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes Securities and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase repurchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder may exercise the purchase repurchase right; (4iv) the Fundamental Change Purchase Repurchase Price; (5v) the Fundamental Change Purchase Repurchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) viii) if applicable, that the Notes Securities with respect to which a Fundamental Change Purchase Repurchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Repurchase Notice in accordance with Section 8.035.03; and (9ix) the procedures that Holders must follow to require the Company to purchase repurchase their NotesSecurities. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase repurchase rights or affect the validity of the proceedings for the purchase repurchase of the Notes Securities pursuant to this Section 8.015.01.

Fundamental Change Company Notice. On or before the 10th 20th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first first-class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company or the Parent shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the CompanyParent’s website or through such other public medium as the Company Parent may use at such time. For so long as the Notes are listed on the Official List of the Luxembourg Stock Exchange and the rules of the Luxembourg Stock Exchange so require, the Company shall publish any such Fundamental Change Company Notice in a daily newspaper with general circulation in Luxembourg (which is expected to be the Luxemburger Wort) or, to the extent and in the manner permitted by such rules, post such notice on the official website of the Luxembourg Stock Exchange at xxx.xxxxxx.xx. Each Fundamental Change Company Notice shall specify: (1i) the events causing the Fundamental Change and whether the Fundamental Change is also a Make-Whole Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder may exercise the purchase right; (4iv) the Fundamental Change Purchase Price; (5v) the Fundamental Change Purchase Date; (6vi) the name and address of the Paying Agent and the Conversion Exchange Agent, if applicable; (7vii) if applicable, the Applicable Conversion Exchange Rate and any adjustments to the Applicable Conversion Exchange Rate; (8) viii) if applicable, that the Notes with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted exchanged only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.03; and (9ix) the procedures that Holders must follow to require the Company to purchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase rights or affect the validity of the proceedings for the purchase of the Notes pursuant to this Section 8.01.

Fundamental Change Company Notice. On or before the 10th 20th calendar day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and Notes, the Trustee and Paying Agent (in the case of any Paying Agent other than the Trustee) a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mailmail or, in the case of any Global Notes, in accordance with the procedures of the Depositary for providing notices. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or and/or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the a Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder of Notes may exercise the purchase rightrepurchase right pursuant to this Article 3; (4iv) the Fundamental Change Purchase Price; (5v) the Fundamental Change Purchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) viii) if applicable, that the Notes with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.03the terms of this Supplemental Indenture; and (9ix) the procedures that Holders must follow to require the Company to purchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s the purchase rights of the Holders of the Notes or affect the validity of the proceedings for the purchase of the Notes pursuant to this Section 8.013.01.

Fundamental Change Company Notice. On or before the 10th 15th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and Notes, the Trustee and the Paying Agent (in the case of any Paying Agent other than the Trustee) a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option resulting repurchase right. Such Fundamental Change Company Notice shall be given pursuant to 12.02 of the Holders arising as a result thereof. Such mailing shall be by first class mailBase Indenture, and in the case of any Global Notes, in accordance with Applicable Procedures for providing notices. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish issue a notice containing the information included therein once in a newspaper of general circulation in The City of New York or press release, publish such information on the Company’s website or through such other a public medium as customary for such press releases and make the Fundamental Change Company may use at such timeNotice available on its website. Each Fundamental Change Company Notice shall specify: (1i) the events causing the a Fundamental Change; (2ii) whether such Fundamental Change is a Make-Whole Fundamental Change, in which case the provisions set forth in Section 4.06 shall be applicable; (iii) the date of the occurrence of the Fundamental Change; (3iv) the last date on which a Holder of Notes may exercise the purchase rightrepurchase right pursuant to this Article III; (4v) the Fundamental Change Purchase Repurchase Price; (5vi) the Fundamental Change Purchase Repurchase Date; (6vii) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7viii) if applicable, the Applicable Conversion Rate and any adjustments to the Applicable Conversion Rate; (8) if applicable, ix) that the Notes with respect to which a Fundamental Change Purchase Repurchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Repurchase Notice in accordance with Section 8.03the terms of the Indenture; and (9x) the procedures that Holders must follow to require the Company to purchase repurchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase the repurchase rights of the Holders of Notes or affect the validity of the proceedings for the purchase repurchase of the Notes pursuant to this Section 8.013.01.

Fundamental Change Company Notice. On or before the 10th 20th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder may exercise the purchase right; (4iv) the Fundamental Change Purchase Price; (5v) the Fundamental Change Purchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable Conversion Rate and any adjustments to the Applicable Conversion Rate; (8) viii) if applicable, that the Notes with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.037.03; and (9ix) the procedures that Holders must follow to require the Company to purchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase rights or affect the validity of the proceedings for the purchase of the Notes pursuant to this Section 8.017.01.

Fundamental Change Company Notice. On or before the 10th 20th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes Securities and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the a Fundamental Change; (2ii) the date of the Fundamental Change; (3) the last date on which a Holder may exercise the purchase right; (4iii) the Fundamental Change Purchase Price; (5iv) the Fundamental Change Purchase Date; (6v) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vi) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) vii) if applicable, that the Notes Securities with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.035.03; and (9viii) the procedures that Holders must follow to require the Company to purchase their NotesSecurities. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s the Securityholders’ purchase rights or affect the validity of the proceedings for the purchase of the Notes Securities pursuant to this Section 8.015.01.

Fundamental Change Company Notice. On or before the 10th 20th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes Securities and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase repurchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder may exercise the purchase repurchase right; (4iv) the Fundamental Change Purchase Repurchase Price; (5v) the Fundamental Change Purchase Repurchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) viii) if applicable, that the Notes Securities with respect to which a Fundamental Change Purchase Repurchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Repurchase Notice in accordance with Section 8.035.03; and (9ix) the procedures that Holders must follow to require the Company to purchase repurchase their NotesSecurities. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase the Securityholders’ repurchase rights or affect the validity of the proceedings for the purchase repurchase of the Notes Securities pursuant to this Section 8.015.01.

Fundamental Change Company Notice. On or before the 10th 20th calendar day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and Notes, the Trustee and Paying Agent (in the case of any Paying Agent other than the Trustee) a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mailmail or, in the case of any Global Notes, in accordance with the procedures of the Depositary for providing notices. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the a Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder of Notes may exercise the purchase rightrepurchase right pursuant to this Article 3; (4iv) the Fundamental Change Purchase Price; (5v) the Fundamental Change Purchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) viii) if applicable, that the Notes with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted into cash only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.03the Indenture; and (9ix) the procedures that Holders must follow to require the Company to purchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s the Holders of Notes purchase rights or affect the validity of the proceedings for the purchase of the Notes pursuant to this Section 8.013.01.

Fundamental Change Company Notice. On or before the 10th 20th calendar day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and Notes, the Trustee and the Paying Agent (in the case of any Paying Agent other than the Trustee) a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing notice shall be sent by first class mailmail or, in the case of any Global Notes, in accordance with the procedures of the Depositary for providing notices. Simultaneously with providing such Fundamental Change Company Notice, the Company shall issue a press release and publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or shall publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the a Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder of Notes may exercise the purchase rightrepurchase right pursuant to this Article 3; (4iv) the Fundamental Change Purchase Price; (5v) the Fundamental Change Purchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) viii) if applicable, that the Notes with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.03the Indenture; and (9ix) the procedures that Holders must follow to require the Company to purchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s the purchase rights of the Holders of Notes or affect the validity of the proceedings for the purchase of the Notes pursuant to this Section 8.013.01.

Fundamental Change Company Notice. On or before the 10th 20th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes Securities and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase repurchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder may exercise the purchase repurchase right; (4iv) the Fundamental Change Purchase Repurchase Price; (5v) the Fundamental Change Purchase Repurchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) viii) if applicable, that the Notes Securities with respect to which a Fundamental Change Purchase Repurchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Repurchase Notice in accordance with Section 8.037.03; and (9ix) the procedures that Holders must follow to require the Company to purchase repurchase their NotesSecurities. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase the Holders’ repurchase rights or affect the validity of the proceedings for the purchase repurchase of the Notes Securities pursuant to this Section 8.017.01.

Fundamental Change Company Notice. On or before the 10th 20th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes Securities and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the a Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on by which the Fundamental Change Purchase Notice pursuant to this Section 5.01 must be delivered to the Paying Agent in order for a Holder may to exercise the purchase right; (4iv) the Fundamental Change Purchase Price; (5v) the Fundamental Change Purchase DateDate (which shall be no earlier than 15 days and no later than 30 days after the date of the Fundamental Change Company Notice); (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) viii) if applicable, that the Notes Securities with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.03; and5.03; (9ix) that the Securities must be surrendered to the Paying Agent (by effecting book entry transfer of the Securities or delivering Physical Securities, together with necessary endorsements, as the case may be) to collect payment; (x) that the Fundamental Change Purchase Price for any Security as to which a Fundamental Change Purchase Notice has been duly given and not withdrawn shall be paid promptly following the later of the Business Day immediately following the Fundamental Change Purchase Date and the time of surrender of such Security as described in clause (ix); (xi) the procedures that Holders must follow to require for withdrawing a Fundamental Change Purchase Notice; (xii) that, unless the Company to defaults in making payment of such Fundamental Change Purchase Price on Securities for which a Fundamental Change Purchase Notice is submitted, interest and Additional Interest, if any, on Securities surrendered for purchase their Notes. No failure of by the Company shall cease to give accrue from and after the foregoing notices and no defect therein shall limit any Holder’s purchase rights or affect the validity of the proceedings for the purchase of the Notes pursuant to this Section 8.01.Fundamental Change Purchase Date; and

Fundamental Change Company Notice. On or before the 10th 20th calendar day after the occurrence of the effective date of a Fundamental Change, the Company shall provide to all the Holders of record of the Notes and the Trustee and Paying Agent a written notice (the “Fundamental Change Company Notice”) by first class mail of the occurrence of such the effective date of the Fundamental Change and of the purchase repurchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder the Holders may exercise the purchase rightrepurchase right pursuant to this Article 15; (4iv) the Fundamental Change Purchase Repurchase Price; (5v) the Fundamental Change Purchase Repurchase Date; (6) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vi) if applicable, the Applicable Conversion Rate and any adjustments to the Applicable Conversion Rate; (8) if applicable, vii) that the Notes with respect to which may be converted by a Holder only if any Fundamental Change Purchase Repurchase Notice that has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice has been withdrawn in accordance with Section 8.03the terms of the Notes; and (9viii) the procedures that the Holders must follow to require the Company to purchase their repurchase the Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase the Holders’ repurchase rights or affect the validity of the proceedings for the purchase repurchase of the Notes pursuant to this Section 8.01Article 15. At the Company’s request, the Trustee shall give such notice in the Company’s name and at the Company’s expense; provided, however, that, in all cases, the text of such Company Notice shall be prepared by the Company.

Fundamental Change Company Notice. On or before the 10th 20th calendar day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes Securities and the Trustee and Paying Agent (in the case of a Paying Agent other than the Trustee) a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mailmail or in the case of Global Securities, in accordance with the procedures of the Depositary for providing notices. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the a Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder Securityholder may exercise the purchase rightrepurchase right pursuant to this Article 4; (4iv) the Fundamental Change Purchase Repurchase Price; (5v) the Fundamental Change Purchase Repurchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable Conversion Rate and any adjustments to the Applicable Conversion Rate; (8) viii) if applicable, that the Notes Securities with respect to which a Fundamental Change Purchase Repurchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Repurchase Notice in accordance with Section 8.034.03; and (9ix) the procedures that Holders must follow to require the Company to purchase their NotesSecurities. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s the Securityholders’ purchase rights or affect the validity of the proceedings for the purchase of the Notes Securities pursuant to this Section 8.014.01.

Fundamental Change Company Notice. On Subject to Section 8.08, on or before the 10th 20th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) whether the fundamental change is a Make-Whole Fundamental Change, and the last day on which a Holder may convert in connection with the Make-Whole Fundamental Change; (iv) the last date on which a Holder may exercise the purchase right; (4v) the Fundamental Change Purchase Price; (5vi) the Fundamental Change Purchase Date; (6vii) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7viii) if applicable, the Applicable Conversion Rate and any adjustments to the Applicable Conversion Rate; (8) ix) if applicable, that the Notes with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.03; and (9x) the procedures that Holders must follow to require the Company to purchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase rights or affect the validity of the proceedings for the purchase of the Notes pursuant to this Section 8.01.

Fundamental Change Company Notice. On or before the 10th 20th calendar day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and Notes, the Trustee and Paying Agent (in the case of any Paying Agent other than the Trustee) a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mailmail or, in the case of any Global Notes, in accordance with the procedures of the Depositary for providing notices. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the a Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder of Notes may exercise the purchase rightrepurchase right pursuant to this Article 3; (4iv) the Fundamental Change Purchase Price; (5v) the Fundamental Change Purchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) viii) if applicable, that the Notes with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.033.03; and (9ix) the procedures that Holders must follow to require the Company to purchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s the Holders of Notes purchase rights or affect the validity of the proceedings for the purchase of the Notes pursuant to this Section 8.013.01.

Fundamental Change Company Notice. On or before the 10th 20th day after the occurrence date on which Fundamental Change becomes effective, which Fundamental Change results in Holders of a Fundamental ChangeNotes having the right to cause the Company to repurchase their Notes (the “effective date”), the Company shall provide to all Holders of record of the Notes and Notes, the Trustee and the Paying Agent (in the case of any Paying Agent other than the Trustee) a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase Repurchase right at the option of the Holders arising as a result thereof. Such mailing notice shall be by first class mailgiven pursuant to Section 9.10, in the case of any Global Notes, in accordance with the procedures of the Depositary for providing notices. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish issue a notice containing press release (and make the information included therein once in a newspaper of general circulation in The City of New York or publish such information press release available on the Company’s website or website) and shall publish such press release through such other a public medium as the Company may use at customary for such timepress releases. Each Fundamental Change Company Notice shall specify: (1i) the events causing the a Fundamental Change; (2ii) the effective date of the Fundamental Change; (3iii) whether such Fundamental Change is a Make-Whole Fundamental Change, in which case the adjustments in Section 4.06 shall be applicable; (iv) the last date on which a Holder of Notes may exercise the purchase rightrepurchase right pursuant to this Article 3; (4v) the Fundamental Change Purchase Price; (5vi) the Fundamental Change Purchase Date; (6vii) if applicable, the name and address of the Paying Agent and the Conversion Agent, if applicable; (7viii) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) ix) if applicable, that the Notes with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.03the Indenture; and (9x) the procedures that Holders must follow to require the Company to purchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase the repurchase rights of the Holders of Notes or affect the validity of the proceedings for the purchase repurchase of the Notes pursuant to this Section 8.013.01.

Fundamental Change Company Notice. On or before the 10th 20th calendar day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and Notes, the Trustee and Paying Agent (in the case of any Paying Agent other than the Trustee) a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mailmail or, in the case of any Global Notes, in accordance with the procedures of the Depositary for providing notices. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the a Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder of Notes may exercise the purchase rightrepurchase right pursuant to this Article 3; (4iv) the Fundamental Change Purchase Price; (5v) the Fundamental Change Purchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) viii) if applicable, that the Notes with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.03the Indenture; and (9ix) the procedures that Holders must follow to require the Company to purchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s the Holders of Notes purchase rights or affect the validity of the proceedings for the purchase of the Notes pursuant to this Section 8.013.01.

Fundamental Change Company Notice. On or before the 10th day 20th Business Day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes Securities and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase repurchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The the City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder may exercise the purchase repurchase right; (4iv) the Fundamental Change Purchase Repurchase Price; (5v) the Fundamental Change Purchase Repurchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) viii) whether the Company will pay the Fundamental Change Repurchase Price in cash, shares of the Company’s Common Stock, Acquiror Securities or a combination thereof, specifying the percentage of each; (ix) if applicable, that the Notes Securities with respect to which a Fundamental Change Purchase Repurchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Repurchase Notice in accordance with Section 8.03; and (9x) the procedures that Holders must follow to require the Company to purchase repurchase their NotesSecurities. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase the Securityholders’ repurchase rights or affect the validity of the proceedings for the purchase repurchase of the Notes Securities pursuant to this Section 8.01.

Fundamental Change Company Notice. On or before the 10th 20th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes Securities and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase repurchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder may exercise the purchase repurchase right; (4iv) the Fundamental Change Purchase Repurchase Price; (5v) the Fundamental Change Purchase Repurchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) viii) if applicable, that the Notes Securities with respect to which a Fundamental Change Purchase Repurchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Repurchase Notice in accordance with Section 8.035.09; and (9ix) the procedures that Holders must follow to require the Company to purchase repurchase their NotesSecurities. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase repurchase rights or affect the validity of the proceedings for the purchase repurchase of the Notes Securities pursuant to this Section 8.015.07.

Fundamental Change Company Notice. On or before the 10th 20th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereofthereof (a “Fundamental Change Offer”). Such mailing With respect to Physical Notes, such delivery shall be by first class mail, and with respect to Global Notes, such delivery shall be pursuant to the Applicable Procedures. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specifystate: (1i) that the Fundamental Change Company Notice is being made pursuant to this Section 8.01 and that all Notes tendered will be accepted for payment; (ii) the events causing the Fundamental Change; (2iii) the date of the Fundamental Change; (3iv) the last date dates on which a Holder may exercise the right to have the Company purchase rightthe Notes or withdraw a timely-delivered Fundamental Change Purchase Notice; (4v) the Fundamental Change Purchase Price; (5vi) the Fundamental Change Purchase Date; (6vii) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7viii) if applicable, the Applicable Conversion Rate and any adjustments to the Applicable Conversion Rate; (8) ix) if applicable, that the Notes with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.03; and; (9x) that any Note not tendered will continue to accrue interest in accordance with the terms of this Indenture; (xi) the procedures that Holders must follow to require the Company to purchase their Notes, including that Holders electing to have any Notes purchased will be required to surrender the Notes; and (xii) that Holders whose Notes are being purchased only in part will be issued new Notes equal in Principal Amount to the unpurchased portion of the Notes surrendered. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase rights or affect the validity of the proceedings for the purchase of the Notes pursuant to this Section 8.01. Notwithstanding anything to the contrary in this Section 8.01 the Company will not be required to make a Fundamental Change Offer upon a Fundamental Change if a third party makes the Fundamental Change Offer in the manner, at the times and otherwise in compliance with the requirements set forth in this Section 8.01 and purchases all Notes properly tendered and not withdrawn under the Fundamental Change Offer (it being understood that such third-party may make a Fundamental Change Offer that is conditioned upon and prior to the occurrence of a Fundamental Change). Notwithstanding anything to the contrary contained herein, a Fundamental Change Offer may be made in advance of a Fundamental Change, conditioned upon the consummation of such Fundamental Change, if a definitive agreement is in place for the Fundamental Change at the time the Fundamental Change Offer is made.

Fundamental Change Company Notice. On or before the 10th day Within 15 Business Days after the occurrence of a Fundamental Change, the Company shall provide to all Holders mail a written notice of record of the Notes and the Trustee and Paying Agent a notice Fundamental Change (the “Fundamental Change Company Notice”) by first-class mail to the Trustee, the Paying Agent and each Holder (and to beneficial owners as required by applicable law). The notice shall include a form of the occurrence of such Fundamental Change Purchase Notice to be completed by the Holder and of the purchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specifystate: (1) the events causing a Fundamental Change and the date of such Fundamental Change; (2) the date of by which the Fundamental ChangeChange Purchase Notice must be given; (3) the last date on which a Holder may exercise the purchase rightFundamental Change Purchase Date; (4) the Fundamental Change Purchase Price; (5) the Fundamental Change Purchase Date; (6) the name and address of the Paying Agent and the Conversion Agent, if applicable; (6) the Conversion Rate and any adjustments thereto resulting from the Fundamental Change; (7) if applicable, the that Applicable Conversion Rate and any adjustments to the Applicable Conversion Rate; (8) if applicable, that the Notes with respect Securities as to which a Fundamental Change Purchase Notice has been delivered by a Holder given may be converted pursuant to Article VIII of this Supplemental Indenture only if the Holder validly withdraws the Fundamental Change Purchase Notice has been withdrawn in accordance with the terms of this Supplemental Indenture; (8) that Applicable Securities must be surrendered to the Paying Agent to collect payment of the Fundamental Change Purchase Price; (9) that the Fundamental Change Purchase Price for any Applicable Security as to which a Fundamental Change Purchase Notice has been duly given and not withdrawn, will be paid promptly following the later of the Fundamental Change Purchase Date and the time of surrender of such Applicable Security as described in (8); (10) the procedures the Holder must follow to exercise rights under this Section 8.033.1; (11) the conversion rights of the Applicable Securities and that Holders who want to convert Applicable Securities must satisfy the applicable requirements set forth in Article VIII of this Supplemental Indenture; (12) the procedures for withdrawing a Fundamental Change Purchase Notice; (13) that, unless the Company defaults in making payment of such Fundamental Change Purchase Price on Applicable Securities surrendered for purchase, interest on Applicable Securities surrendered for purchase will cease to accrue on and after the Fundamental Change Purchase Date; and (914) the procedures that Holders must follow to require the Company to purchase their Notes. No failure CUSIP number of the Applicable Securities. At the Company’s request, the Trustee shall give such Fundamental Change Company to give Notice in the foregoing notices Company’s name and no defect therein at the Company’s expense; provided, however, that, in all cases, the text of such Fundamental Change Company Notice shall limit any Holder’s purchase rights or affect be prepared by the validity of the proceedings for the purchase of the Notes pursuant to this Section 8.01Company.

Fundamental Change Company Notice. On or before the 10th 20th calendar day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and Notes, the Trustee and the Paying Agent (in the case of any Paying Agent other than the Trustee) a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing notice shall be sent by first class mailmail or, in the case of any Global Notes, in accordance with the procedures of the Depositary for providing notices. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish issue a notice press release containing the information included therein once in a newspaper of general circulation in The City of New York or shall publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1) the events causing the a Fundamental Change; (2) the date of the Fundamental Change; (3) the last date on which a Holder of Notes may exercise the purchase rightrepurchase right pursuant to this Article 3; (4) the Fundamental Change Purchase Price; (5) the Fundamental Change Purchase Date; (6) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) if applicable, that the Notes with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.03this Indenture; and (9) the procedures that Holders must follow to require the Company to purchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s the purchase rights of the Holders of Notes or affect the validity of the proceedings for the purchase of the Notes pursuant to this Section 8.013.01.

Fundamental Change Company Notice. On or before the 10th 15th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and Notes, the Trustee and the Paying Agent (in the case of any Paying Agent other than the Trustee) a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option resulting repurchase right. Such Fundamental Change Company Notice shall be given pursuant to 12.02 of the Holders arising as a result thereof. Such mailing shall be by first class mailOriginal Indenture, in the case of any Global Notes, in accordance with the procedures of the Depositary for providing notices. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish issue a notice containing the information included therein once in a newspaper of general circulation in The City of New York or press release, publish such information on the Company’s website or through such other a public medium as customary for such press releases and make the Fundamental Change Company may use at such timeNotice available on its website. Each Fundamental Change Company Notice shall specify: (1i) the events causing the a Fundamental Change; (2ii) whether such Fundamental Change is a Make-Whole Fundamental Change, in which case the provisions set forth in Section 4.06 shall be applicable; (iii) the date of the occurrence of the Fundamental Change; (3iv) the last date on which a Holder of Notes may exercise the purchase rightrepurchase right pursuant to this Article III; (4v) the Fundamental Change Purchase Repurchase Price; (5vi) the Fundamental Change Purchase Repurchase Date; (6vii) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7viii) if applicable, the Applicable Conversion Rate and any adjustments to the Applicable Conversion Rate; (8) if applicable, ix) that the Notes with respect to which a Fundamental Change Purchase Repurchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Repurchase Notice in accordance with Section 8.03the terms of the Indenture; and (9x) the procedures that Holders must follow to require the Company to purchase repurchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase the repurchase rights of the Holders of Notes or affect the validity of the proceedings for the purchase repurchase of the Notes pursuant to this Section 8.013.01.

Fundamental Change Company Notice. On or before the 10th 20th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes Securities and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the a Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder may exercise the purchase right; (4iv) the Fundamental Change Purchase Price; (5v) the Fundamental Change Purchase DateDate (which shall be no earlier than 15 days and no later than 30 days after the date of the Fundamental Change Company Notice); (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) viii) if applicable, that the Notes Securities with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.034.03; and (9ix) the procedures that Holders must follow to require the Company to purchase their NotesSecurities. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s the Securityholders’ purchase rights or affect the validity of the proceedings for the purchase of the Notes Securities pursuant to this Section 8.014.01.

Fundamental Change Company Notice. On or before the 10th 20th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder may exercise the purchase right; (4iv) the Fundamental Change Purchase Price; (5v) the Fundamental Change Purchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable Conversion Rate and any adjustments to the Applicable Conversion Rate; (8) viii) if applicable, that the Notes with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.03; and (9ix) the procedures that Holders must follow to require the Company to purchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase rights or affect the validity of the proceedings for the purchase of the Notes pursuant to this Section 8.01.

Fundamental Change Company Notice. On or before the 10th day 20th Business Day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes Securities and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase repurchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder may exercise the purchase repurchase right; (4iv) the Fundamental Change Purchase Repurchase Price; (5v) the Fundamental Change Purchase Repurchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable applicable Conversion Rate and any adjustments to the Applicable applicable Conversion Rate; (8) viii) if applicable, that the Notes Securities with respect to which a Fundamental Change Purchase Repurchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Repurchase Notice in accordance with Section 8.036.03; and (9ix) the procedures that Holders must follow to require the Company to purchase repurchase their NotesSecurities. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase the Holders’ repurchase rights or affect the validity of the proceedings for the purchase repurchase of the Notes Securities pursuant to this Section 8.016.01.

Fundamental Change Company Notice. On or before the 10th 20th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes Securities and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder may exercise the purchase right; (4iv) the Fundamental Change Purchase Price; (5v) the Fundamental Change Purchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable Conversion Rate and any adjustments to the Applicable Conversion Rate; (8) viii) if applicable, that the Notes Securities with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.03; and (9ix) the procedures that Holders must follow to require the Company to purchase their NotesSecurities. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase rights or affect the validity of the proceedings for the purchase of the Notes Securities pursuant to this Section 8.01.

Fundamental Change Company Notice. On or before the 10th day Within 15 Business Days after the occurrence of a Fundamental Change, the Company shall provide to all Holders mail a written notice of record of the Notes and the Trustee and Paying Agent a notice Fundamental Change (the “Fundamental Change Company Notice”) by first-class mail to the Trustee, the Paying Agent and each Holder. The notice shall include a form of the occurrence of such Fundamental Change Purchase Notice to be completed by the Holder and of the purchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specifystate: (1i) the events causing a Fundamental Change and the date of such Fundamental Change; (2ii) the date of by which the Fundamental ChangeChange Purchase Notice must be given; (3iii) the last date on which a Holder may exercise the purchase rightFundamental Change Purchase Date; (4iv) the Fundamental Change Purchase Price; (5) the Fundamental Change Purchase Date; (6v) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vi) if applicable, the Applicable Conversion Rate and any adjustments to thereto resulting from the Applicable Conversion RateFundamental Change; (8) if applicable, vii) that the 2015 Notes with respect as to which a Fundamental Change Purchase Notice has been delivered by a Holder given may be converted pursuant to Article VIII of this Third Supplemental Indenture only if the Holder validly withdraws the Fundamental Change Purchase Notice has been withdrawn in accordance with the terms of this Third Supplemental Indenture; (viii) that 2015 Notes must be surrendered to the Paying Agent to collect payment of the Fundamental Change Purchase Price; (ix) that the Fundamental Change Purchase Price for any 2015 Note as to which a Fundamental Change Purchase Notice has been duly given and not withdrawn, will be paid promptly following the later of the Fundamental Change Purchase Date and the time of surrender of such 2015 Note as described in (viii); (x) the procedures the Holder must follow to exercise rights under this Section 8.033.1; (xi) the conversion rights of the 2015 Notes and that Holders who want to convert 2015 Notes must satisfy the applicable requirements set forth in Article VIII of this Third Supplemental Indenture; (xii) (xii) the procedures for withdrawing a Fundamental Change Purchase Notice; (xiii) that, unless the Company defaults in making payment of such Fundamental Change Purchase Price on 2015 Notes surrendered for purchase, interest on 2015 Notes surrendered for purchase will cease to accrue on and after the Fundamental Change Purchase Date; and (9xiv) the procedures that Holders must follow to require CUSIP number of the Company to purchase their 2015 Notes. No failure At the Company’s request, the Trustee shall give such Fundamental Change Company Notice in the Company’s name and at the Company’s expense; provided, however, that, in all cases, the text of such Fundamental Change Company Notice shall be prepared by the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase rights or affect the validity of the proceedings for the purchase of the Notes pursuant to this Section 8.01Company.

Fundamental Change Company Notice. On or before the 10th 15th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and Notes, the Trustee and the Paying Agent (in the case of any Paying Agent other than the Trustee) a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option resulting repurchase right. Such Fundamental Change Company Notice shall be given pursuant to 12.02 of the Holders arising as a result thereof. Such mailing shall be by first class mailBase Indenture, in the case of any Global Notes, in accordance with the procedures of the Depositary for providing notices. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish issue a notice containing the information included therein once in a newspaper of general circulation in The City of New York or press release, publish such information on the Company’s website or through such other a public medium as customary for such press releases and make the Fundamental Change Company may use at such timeNotice available on its website. Each Fundamental Change Company Notice shall specify: (1i) the events causing the a Fundamental Change; (2ii) whether such Fundamental Change is a Make-Whole Fundamental Change, in which case the provisions set forth in Section 4.06 shall be applicable; (iii) the date of the occurrence of the Fundamental Change; (3iv) the last date on which a Holder of Notes may exercise the purchase rightrepurchase right pursuant to this Article III; (4v) the Fundamental Change Purchase Repurchase Price; (5vi) the Fundamental Change Purchase Repurchase Date; (6vii) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7viii) if applicable, the Applicable Conversion Rate and any adjustments to the Applicable Conversion Rate; (8) if applicable, ix) that the Notes with respect to which a Fundamental Change Purchase Repurchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Repurchase Notice in accordance with Section 8.03the terms of the Indenture; and (9x) the procedures that Holders must follow to require the Company to purchase repurchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase the repurchase rights of the Holders of Notes or affect the validity of the proceedings for the purchase repurchase of the Notes pursuant to this Section 8.013.01.

Fundamental Change Company Notice. On or before the 10th 20th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall will specify: (1i) the events causing the Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder may exercise the purchase right; (4iv) the Fundamental Change Purchase Price; (5v) the Fundamental Change Purchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable Conversion Rate and any adjustments to the Applicable Conversion Rate; (8) viii) if applicable, that the Notes with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Notice in accordance with Section 8.037.03; and (9ix) the procedures that Holders must follow to require the Company to purchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase rights or affect the validity of the proceedings for the purchase of the Notes pursuant to this Section 8.017.01.

Fundamental Change Company Notice. On or before the 10th 20th day after the occurrence of a Fundamental Change, the Company shall provide to all Holders of record of the Notes and the Trustee and Paying Agent a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase right at the option of the Holders arising as a result thereof. Such mailing shall be by first class mail. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish a notice containing the information included therein once in a newspaper of general circulation in The City of New York City or publish such information on the Company’s website or through such other public medium as the Company may use at such time. Each Fundamental Change Company Notice shall specify: (1i) the events causing the Fundamental Change; (2ii) the date of the Fundamental Change; (3iii) the last date on which a Holder may exercise the purchase right; (4iv) the Fundamental Change Purchase Price; (5v) the Fundamental Change Purchase Date; (6vi) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7vii) if applicable, the Applicable Conversion Rate and any adjustments to the Applicable Conversion Rate; (8) if applicable, viii) that the Notes with respect to which a Fundamental Change Purchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the its Fundamental Change Purchase Notice in accordance with Section 8.03the terms of the Indenture; and (9ix) the procedures that Holders must follow to require the Company to purchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase rights or affect the validity of the proceedings for the purchase of the Notes pursuant to this Section 8.015.01.

Fundamental Change Company Notice. On or before the 10th 15th business day after the occurrence date on which Fundamental Change becomes effective, which Fundamental Change results in Holders of a Fundamental ChangeNotes having the right to cause the Company to repurchase their Notes (the “effective date”), the Company shall provide to all Holders of record of the Notes and Notes, the Trustee and the Paying Agent (in the case of any Paying Agent other than the Trustee) a notice (the “Fundamental Change Company Notice”) of the occurrence of such Fundamental Change and of the purchase Repurchase right at the option of the Holders arising as a result thereof. Such mailing notice shall be by first class mailgiven pursuant to 12.02 of the Original Indenture, in the case of any Global Notes, in accordance with the procedures of the Depositary for providing notices. Simultaneously with providing such Fundamental Change Company Notice, the Company shall publish issue a notice containing the information included therein once in a newspaper of general circulation in The City of New York or press release and shall publish such information on the Company’s website or through such other a public medium as the Company may use at customary for such timepress releases. Each Fundamental Change Company Notice shall specify: (1i) the events causing the a Fundamental Change; (2ii) whether such Fundamental Change is a Make-Whole Fundamental Change, in which case the adjustments in Section 4.06 shall be applicable; (iii) the effective date of the Fundamental Change; (3iv) the last date on which a Holder of Notes may exercise the purchase rightrepurchase right pursuant to this Article 3; (4v) the Fundamental Change Purchase Repurchase Price; (5vi) the Fundamental Change Purchase Repurchase Date; (6vii) the name and address of the Paying Agent and the Conversion Agent, if applicable; (7viii) if applicable, the Applicable Conversion Rate and any adjustments to the Applicable Conversion Rate; (8) if applicable, ix) that the Notes with respect to which a Fundamental Change Purchase Repurchase Notice has been delivered by a Holder may be converted only if the Holder validly withdraws the Fundamental Change Purchase Repurchase Notice in accordance with Section 8.03the Indenture; and (9x) the procedures that Holders must follow to require the Company to purchase repurchase their Notes. No failure of the Company to give the foregoing notices and no defect therein shall limit any Holder’s purchase the Repurchase rights of the Holders of Notes or affect the validity of the proceedings for the purchase Repurchase of the Notes pursuant to this Section 8.013.01.