Common use of Fundamental Change Repurchase Right Notice Clause in Contracts

Fundamental Change Repurchase Right Notice. On or before the 20th Trading Day after the effective date of a Fundamental Change, the Company will provide to all Holders of the Notes and the Trustee, the Paying Agent, the Registrar and the Conversion Agent a notice of the occurrence of the Fundamental Change and of the resulting repurchase right (the “Fundamental Change Repurchase Right Notice”). Each Fundamental Change Repurchase Right Notice shall state: (i) the events causing the Fundamental Change; (ii) if the Company is required to adjust the Conversion Rate and related conversion obligation as described in Section 6.05(f) hereof pursuant to a Make-whole Fundamental Change, the Conversion Rate and any adjustments to the Conversion Rate; (iii) the effective date of the Fundamental Change, if applicable; (iv) the last date on which a Holder may exercise such repurchase right; (v) the Fundamental Change Repurchase Price; (vi) the Fundamental Change Repurchase Date; (vii) the name and address of the Paying Agent and the Conversion Agent; (viii) that the Notes with respect to which the Fundamental Change Repurchase Right Notice has been given may be converted only if the Holder thereof withdraws any Fundamental Change Repurchase Notice previously delivered by such Holder in accordance with the terms of this Indenture; and (ix) the procedures that Holders must follow to require the Company to repurchase their Notes.

Fundamental Change Repurchase Right Notice. On or before the 20th Trading Day after the effective date of a Fundamental Change, the Company will provide to all Holders of the Notes and the Trustee, the Paying Agent, the Registrar and the Conversion Agent a notice of the occurrence of the Fundamental Change and of the resulting repurchase right (the “Fundamental Change Repurchase Right Notice”). Each Fundamental Change Repurchase Right Notice shall state: (i) the events causing the Fundamental Change; (ii) if the Company is required to adjust the Conversion Rate and related conversion obligation as described in Section 6.05(f) hereof pursuant to a Make-whole Fundamental Change, the Conversion Rate and any adjustments to the Conversion Rate; (iii) the effective date of the Fundamental Changedate, if applicable; (iv) the last date on which a Holder may exercise such repurchase right; (v) the Fundamental Change Repurchase Price; (vi) the Fundamental Change Repurchase Date; (vii) the name and address of the Paying Agent and the Conversion Agent; (viii) that the Notes with respect to which the Fundamental Change Repurchase Right Notice has been given may be converted only if the Holder thereof withdraws any Fundamental Change Repurchase Notice previously delivered by such Holder in accordance with the terms of this Indenture; and (ix) the procedures that Holders must follow to require the Company to repurchase their Notes.

Fundamental Change Repurchase Right Notice. On or before the 20th Trading Day after the effective date of a Fundamental Change, the Company will provide to all Holders of the Notes and the Trustee, the Paying Agent, the Registrar and the Conversion Agent a notice of the occurrence of the Fundamental Change and of the resulting repurchase right (the “Fundamental Change Repurchase Right Notice”). Each Fundamental Change Repurchase Right Notice shall state: (i) the events causing the Fundamental Change; (ii) if the Company is required to adjust the Conversion Rate and related conversion obligation as described in Section 6.05(f6.05(e) hereof pursuant to a Make-whole Fundamental Change, the Conversion Rate and Rate, any adjustments to the Conversion RateRate and whether the Company shall deliver cash in lieu of the Additional Shares as described in Section 6.05(e); (iii) the effective date of the Fundamental Changedate, if applicable; (iv) the last date on which a Holder may exercise such repurchase right; (v) the Fundamental Change Repurchase Price; (vi) the Fundamental Change Repurchase Date; (vii) the name and address of the Paying Agent and the Conversion Agent; (viii) that the Notes with respect to which the Fundamental Change Repurchase Right Notice has been given may be converted only if the Holder thereof withdraws any Fundamental Change Repurchase Notice previously delivered by such Holder in accordance with the terms of this Indenture; and (ix) the procedures that Holders must follow to require the Company to repurchase their Notes.