Common use of Fundamental Change Company Notice Clause in Contracts

Fundamental Change Company Notice. On or before the 30th calendar day after the occurrence or the effective date of a Fundamental Change, the Issuer shall provide to the Holder a written notice (the “Fundamental Change Company Notice”) by first class mail of the occurrence and the effective date of the Fundamental Change and of the repurchase right at the option of the Holder arising as a result thereof. Each Fundamental Change Company Notice shall specify: i. the events causing the Fundamental Change; ii. the date of the Fundamental Change; iii. the last date on which the Holder may exercise the repurchase right pursuant to this Section 9; iv. the Fundamental Change Repurchase Price; v. the Fundamental Change Repurchase Date; vi. if applicable, the conversion rate and any adjustments to the conversion rate; vii. that this Note may be converted only if any Fundamental Change Repurchase Notice that has been delivered by the Holder has been withdrawn in accordance with the terms of this Note; and viii. the procedures that the Holder must follow to require the Issuer to repurchase the Note. No failure of the Issuer to give the foregoing notices and no defect therein shall limit the Holder’s repurchase rights or affect the validity of the procedures for the repurchase of this Note pursuant to this Section 9.

Fundamental Change Company Notice. On or before the 30th 20th calendar day after the occurrence or of the effective date of a Fundamental Change, the Issuer Company shall provide to the Holder a written notice (the “Fundamental Change Company Notice”) by first class mail of the occurrence and of the effective date of the Fundamental Change and of the repurchase right at the option of the Holder arising as a result thereof. Each Fundamental Change Company Notice shall specify: i. (a) the events causing the Fundamental Change; ii. (b) the date of the Fundamental Change; iii. (c) the last date on which the Holder may exercise the repurchase right pursuant to this Section 9ARTICLE 5; iv. (d) the Fundamental Change Repurchase Price; v. (e) the Fundamental Change Repurchase Date; vi. (f) if applicable, the conversion rate Conversion Rate and any adjustments to the conversion rateConversion Rate; vii. (g) that this the Note may be converted only if any Fundamental Change Repurchase Notice that has been delivered by the Holder has been withdrawn in accordance with the terms of this Note; and viii. (h) the procedures that the Holder must follow to require the Issuer Company to repurchase the Note. No failure of the Issuer Company to give the foregoing notices and no defect therein shall limit the Holder’s repurchase rights or affect the validity of the procedures proceedings for the repurchase of this the Note pursuant to this Section 9ARTICLE 5.

Fundamental Change Company Notice. On or before the 30th 20th calendar day after the occurrence or of the effective date of a Fundamental Change, the Issuer Company shall provide to the Holder Trustee and the Holders a written notice (the “Fundamental Change Company Notice”) by first class mail of the occurrence and of the effective date of the Fundamental Change and of the repurchase right at the option of the Holder Holders arising as a result thereof. Each Fundamental Change Company Notice shall specify: i. (a) the events causing the Fundamental Change; ii. (b) the date of the Fundamental Change; iii. (c) the last date on which the Holder Holders may exercise the repurchase right pursuant to this Section 9ARTICLE 5; iv. (d) the Fundamental Change Repurchase Price; v. (e) the Fundamental Change Repurchase Date; vi. (f) if applicable, the conversion rate Conversion Rate and any adjustments to the conversion rateConversion Rate; vii. (g) that this Note the Notes may be converted by a Holder only if any Fundamental Change Repurchase Notice that has been delivered by the Holder Holders has been withdrawn in accordance with the terms of this Notethe Notes; and viii. (h) the procedures that the Holder must follow to require the Issuer Company to repurchase the Note. No failure of the Issuer Company to give the foregoing notices and no defect therein shall limit the Holder’s repurchase rights or affect the validity of the procedures proceedings for the repurchase of this the Note pursuant to this Section 9ARTICLE 5.

Fundamental Change Company Notice. On or before the 30th 20th calendar day after the occurrence or of the effective date of a Fundamental Change, the Issuer Company shall provide to the Holder a written notice (the “Fundamental Change Company Notice”) by first class mail of the occurrence and of the effective date of the Fundamental Change and of the repurchase right at the option of the Holder arising as a result thereof. Each Fundamental Change Company Notice shall specify: i. (a) the events causing the Fundamental Change; ii. (b) the date of the Fundamental Change; iii. (c) the last date on which the Holder may exercise the repurchase right pursuant to this Section 9ARTICLE 6; iv. (d) the Fundamental Change Repurchase Price; v. (e) the Fundamental Change Repurchase Date; vi. (f) if applicable, the conversion rate Conversion Rate and any adjustments to the conversion rateConversion Rate; vii. (g) that this the Note may be converted only if any Fundamental Change Repurchase Notice that has been delivered by the Holder has been withdrawn in accordance with the terms of this Note; and viii. (h) the procedures that the Holder must follow to require the Issuer Company to repurchase the Note. No failure of the Issuer Company to give the foregoing notices and no defect therein shall limit the Holder’s repurchase rights or affect the validity of the procedures proceedings for the repurchase of this the Note pursuant to this Section 9ARTICLE 6.

Fundamental Change Company Notice. On or before the 30th 20th calendar day after the occurrence or of the effective date of a Fundamental Change, the Issuer Company shall provide to the Holder a written notice (the “Fundamental Change Company Notice”) by first class mail of the occurrence and of the effective date of the Fundamental Change and of the repurchase right at the option of the Holder arising as a result thereof. Each Fundamental Change Company Notice shall specify: i. (a) the events causing the Fundamental Change; ii. (b) the date of the Fundamental Change; iii. (c) the last date on which the Holder may exercise the repurchase right pursuant to this Section 9Article 5; iv. (d) the Fundamental Change Repurchase Price; v. (e) the Fundamental Change Repurchase Date; vi. (f) if applicable, the conversion rate Conversion Rate and any adjustments to the conversion rateConversion Rate; vii. (g) that this the Note may be converted only if any Fundamental Change Repurchase Notice that has been delivered by the Holder has been withdrawn in accordance with the terms of this Note; and viii. (h) the procedures that the Holder must follow to require the Issuer Company to repurchase the Note. No failure of the Issuer Company to give the foregoing notices and no defect therein shall limit the Holder’s repurchase rights or affect the validity of the procedures proceedings for the repurchase of this the Note pursuant to this Section 9Article 5.

Fundamental Change Company Notice. On or before the 30th calendar day after the occurrence or the effective date of a Fundamental Change, the Issuer Company shall provide to the Holder a written notice (the “Fundamental Change Company Notice”) by first class mail of the occurrence and of the effective date of the Fundamental Change and of the repurchase right at the option of the Holder arising as a result thereof. Each Fundamental Change Company Notice shall specify: i. (a) the events causing the Fundamental Change; ii. (b) the date of the Fundamental Change; iii. (c) the last date on which the Holder may exercise the repurchase right pursuant to this Section 9Article 5; iv. (d) the Fundamental Change Repurchase Price; v. (e) the Fundamental Change Repurchase Date; vi. (f) if applicable, the conversion rate Conversion Rate and any adjustments to the conversion rateConversion Rate; vii. (g) that this the Note may be converted only if any Fundamental Change Repurchase Notice that has been delivered by the Holder has been withdrawn in accordance with the terms of this Note; and viii. (h) the procedures that the Holder must follow to require the Issuer Company to repurchase the Note. No failure of the Issuer Company to give the foregoing notices and no defect therein shall limit the Holder’s repurchase rights or affect the validity of the procedures proceedings for the repurchase of this the Note pursuant to this Section 9Article 5.