Common use of MANDATORY PURCHASE PROVISIONS Clause in Contracts

MANDATORY PURCHASE PROVISIONS. (a) Subject to Section 4.13 hereof, within 30 days after any Change of Control or upon the Company's obligation to make an Asset Sale Offer pursuant to Section 4.14 (b) hereof, the Company shall mail a notice to each Holder at such Holder's registered address stating (i) that a Change of Control Offer or an Asset Sale Offer (each, an "Offer") is being made pursuant to Section 4.13 or Section 4.14 hereof, as the case may be, and that all Notes tendered will be accepted for payment pursuant to such Offer; (ii) the purchase price for the Notes (as set forth in Section 4.13 or 4.14 hereof, as the case may be), the amount of accrued and unpaid interest on, and Liquidated Damages thereon, if any, and the purchase date which shall be no earlier than 30 days nor later than 60 days from the date such notice is mailed (the "Payment Date"); (iii) that any Notes not properly tendered will continue to accrue interest and Liquidated Damages, if any, in accordance with the terms of this Indenture; (iv) that, unless the Company defaults in the payment of the Change of Control Payment, all Notes accepted for payment pursuant to the Offer, shall cease to accrue interest after the Payment Date; (v) that Holders electing to have any Notes purchased pursuant to an Offer will be required to surrender the Notes, with a form entitled "Option of Holder to Elect Purchase" on the reverse of the Notes completed, or transfer by book-entry, to the Paying Agent at the address specified in the notice prior to the close of business on the fourth Business Day preceding the Payment Date; (vi) that Holders will be entitled to withdraw their election if the Paying Agent receives, not later than the close of business on the third Business Day preceding the Payment Date, a telegram, telex, facsimile transmission or letter setting forth the name of the Holder, the principal amount of Notes delivered for purchase, and a statement that such Holder is withdrawing his election to have such Notes purchased; and (vii) 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, which unpurchased portion must be equal to $1,000 in principal amount or an integral multiple thereof.

MANDATORY PURCHASE PROVISIONS. (a) Subject to Section 4.13 hereof, within Within 30 days after any Change of Control Trigger Date or upon the Company's obligation to make an Asset Sale Offer pursuant to Section 4.14 (b) hereofTrigger Date, the Company shall mail a notice to each Holder at such Holder's registered address stating (i) that a Change of Control Offer or an Asset Sale Offer offer (each, an "Offer") is being made pursuant to Section 4.13 4.14 or Section 4.14 hereof4.15, as the case may be, the length of time the Offer shall remain open and the maximum aggregate principal amount of Notes that all Notes tendered will be accepted for payment pursuant to such Offer; (ii) the purchase price for the Notes (as set forth in Section 4.13 4.14 or 4.14 hereofSection 4.15, as the case may be), the amount of accrued and unpaid interest on, and Liquidated Damages thereon, if anyon such Notes as of the purchase date, and the purchase date (which shall be no earlier than 30 days nor and no later than 60 40 days from the date such notice is mailed (the "Payment Purchase Date")); (iii) that any Notes Note not properly tendered accepted for payment will continue to accrue interest and Liquidated Damages, if any, in accordance with the terms of this Indentureinterest; (iv) that, unless the Company defaults in fails to deposit with the payment of Paying Agent on the Change of Control Payment, Purchase Date an amount sufficient to purchase all Notes accepted by the Company for payment pursuant to the Offerpayment, interest shall cease to accrue interest on such Notes after the Payment Purchase Date; (v) that Holders electing to have tender any Notes purchased pursuant to an Offer Note or portion thereof will be required to surrender the Notestheir Note, with a form entitled "Option of Holder to Elect Purchase" on the reverse of the Notes completed, or transfer by book-entry, to the Paying Agent at the address specified in the notice prior to the close of business on the fourth Business Day preceding the Payment Purchase Date, provided that Holders electing to tender only a portion of any Note must tender a principal amount of $1,000 or integral multiples thereof; (vi) that Holders will be entitled to withdraw their election to tender Notes, if the Paying Agent receives, not later than the close of business on the third Business Day preceding the Payment Purchase Date, a telegram, telex, facsimile transmission or letter setting forth the name of the Holder, the principal amount of Notes delivered for purchase, and a statement that such Holder is withdrawing his election to have such Notes Note purchased; and (vii) that Holders whose Notes are being purchased only accepted for payment in part will be issued new Notes equal in principal amount to the unpurchased portion of the Notes surrendered, which unpurchased portion must be equal to ; provided that only Notes in a principal amount of $1,000 or integral multiples thereof will be accepted for payment in principal amount or an integral multiple thereofpart.

MANDATORY PURCHASE PROVISIONS. (a) Subject to Section 4.13 hereof, within Within 30 days after following any Change of Control or upon the Company's obligation to make an Asset Sale Offer pursuant to Section 4.14 (b) hereofTrigger Date, the Company shall mail a notice to each Holder at such Holder's registered address stating (i) that a Change of Control Offer or an Asset Sale Offer offer (each, an "Offer") is being made pursuant to Section 4.13 or Section 4.14 hereof4.14, as the case may be, the length of time the Offer shall remain open, the amount of the Offer and the maximum aggregate principal amount of Senior Notes that all Notes tendered will be accepted for payment pursuant to such Offer; (ii) the purchase price for the Senior Notes (as set forth in Section 4.13 or 4.14 hereofSection 4.14, as the case may be), the amount of accrued and unpaid interest on, and Liquidated Damages thereonDamages, if any, with respect to, such Senior Notes as of the purchase date, and the purchase date (which shall be no earlier than 30 days nor or later than 60 40 days from the date such notice is mailed (the "Payment Purchase Date")); (iii) that any Notes Senior Note not properly tendered accepted for payment will continue to accrue interest and Liquidated Damages, if any, in accordance with the terms of this Indenture; (iv) that, unless the Company defaults in fails to deposit with the payment of Paying Agent on the Change of Control Payment, Purchase Date an amount sufficient to purchase all Senior Notes accepted for payment pursuant to the Offerpayment, interest shall cease to accrue interest on such Senior Notes after the Payment Purchase Date; (v) that Holders electing to have tender any Notes purchased pursuant to an Offer Senior Note or por- tion thereof will be required to surrender the Notestheir Senior Note, with a form entitled "Option of Holder to Elect Purchase" on the reverse of the Notes completed, or transfer by book-entry, to the Paying Agent at the address specified in the notice prior to the close of business on the fourth Business Day preceding the Payment Purchase Date, provided that Holders electing to tender only a portion of any Senior Note must tender a principal amount of $1,000 or integral multiples thereof; (vi) that Holders will be entitled to withdraw their election to tender Senior Notes, if the Paying Agent receives, not later than the close of business on the third Business Day preceding the Payment Purchase Date, a telegram, telex, facsimile transmission or letter setting forth the name of the Holder, the principal amount of Senior Notes delivered for purchase, and a statement that such Holder is withdrawing his election to have such Notes Senior Note purchased; and (vii) that Holders whose Senior Notes are being purchased only accepted for payment in part will be issued new Senior Notes equal in principal amount to the unpurchased portion of the Senior Notes surrendered, which unpurchased portion must be equal to ; provided that only Senior Notes in a principal amount of $1,000 or integral multiples thereof will be accepted for payment in principal amount or an integral multiple thereofpart.

MANDATORY PURCHASE PROVISIONS. (a) Subject to Section 4.13 hereof, within Within 30 days after any Change of Control Trigger Date or upon the Company's obligation to make an Asset Sale Offer pursuant to Section 4.14 (b) hereofTrigger Date, the Company shall mail a notice to each Holder at such Holder's registered address stating stating: (i) that a Change of Control Offer or an Asset Sale Offer offer (each, an "Offer") is being made pursuant to Section 4.13 or Section 4.14 hereof, as the case may be, the length of time the Offer shall remain open and the maximum aggregate principal amount of Senior Notes that all Notes tendered will be accepted for payment pursuant to such Offer; (ii) the purchase price for the Senior Notes (as set forth in Section 4.13 or Section 4.14 hereof, as the case may be), the amount of accrued and unpaid interest on, and Liquidated Damages thereonDamages, if any, with respect to, such Senior Notes as of the purchase date, and the purchase date (which shall be no earlier than 30 days nor and no later than 60 40 days from the date such notice is mailed (the "Payment Purchase Date")); (iii) that any Notes Senior Note not properly tendered accepted for payment will continue to accrue interest and Liquidated Damages, if any, in accordance with the terms of this Indenture; (iv) that, unless the Company defaults in fails to deposit with the payment of Paying Agent on the Change of Control Payment, Purchase Date an amount sufficient to purchase all Senior Notes accepted for payment pursuant to the Offerpayment, interest shall cease to accrue interest on such Senior Notes after the Payment Purchase Date; (v) that Holders electing to have tender any Notes purchased pursuant to an Offer Senior Note or portion thereof will be required to surrender the Notestheir Senior Note, with a form entitled "Option of Holder to Elect Purchase" on the reverse of the Notes completed, or transfer by book-entry, to the Paying Agent at the address specified in the notice prior to the close of business on the fourth Business Day preceding the Payment Purchase Date; (vi) that Holders will be entitled to withdraw their election to tender Senior Notes, if the Paying Agent receives, not later than the close of business on the third Business Day preceding the Payment Purchase Date, a telegram, telex, facsimile transmission or letter setting forth the name of the Holder, the principal amount of Senior Notes delivered for purchase, and a statement that such Holder Xxxxxx is withdrawing his election to have such Notes Senior Note purchased; and (vii) that Holders whose Senior Notes are being purchased only accepted for payment in part will be issued new Senior Notes equal in principal amount to the unpurchased portion of the Senior Notes surrendered, which unpurchased portion must be equal to $1,000 in principal amount or an integral multiple thereof.

MANDATORY PURCHASE PROVISIONS. (a) Subject to Section 4.13 hereof, within Within 30 days after any Change of Control Trigger Date or upon the Company's obligation to make an Asset Sale Offer pursuant to Section 4.14 (b) hereofTrigger Date, the Company shall mail a notice to each Holder at such Holder's registered address stating (i) that a Change of Control Offer or an Asset Sale Offer offer (each, an "Offer") is being made pursuant to Section 4.13 or Section 4.14 hereof4.14, as the case may be, the length of time the Offer shall remain open and the maximum aggregate principal amount of Senior Notes that all Notes tendered will be accepted for payment pursuant to such Offer; (ii) the purchase price for the Senior Notes (as set forth in Section 4.13 or 4.14 hereofSection 4.14, as the case may be), the amount of accrued and unpaid interest on, and Liquidated Damages thereonDamages, if any, with respect to, such Senior Notes as of the purchase date, and the purchase date (which shall be no earlier than 30 days nor and no later than 60 40 days from the date such notice is mailed (the "Payment Purchase Date")); (iii) that any Notes Senior Note not properly tendered accepted for payment will continue to accrue interest and Liquidated Damages, if any, in accordance with the terms of this Indenture; (iv) that, unless the Company defaults in fails to deposit with the payment of Paying Agent on the Change of Control Payment, Purchase Date an amount sufficient to purchase all Senior Notes accepted for payment pursuant to the Offerpayment, interest shall cease to accrue interest on such Senior Notes after the Payment Purchase Date; (v) that Holders electing to have tender any Notes purchased pursuant to an Offer Senior Note or portion thereof will be required to surrender the Notestheir Senior Note, with a form entitled "Option of Holder to Elect Purchase" on the reverse of the Notes completed, or transfer by book-entry, to the Paying Agent at the address specified in the notice prior to the close of business on the fourth Business Day preceding the Payment Purchase Date, provided that Holders electing to tender only a portion of any Senior Note must tender a principal amount of $1,000 or integral multiples thereof; (vi) that Holders will be entitled to withdraw their election to tender Senior Notes, if the Paying Agent receives, not later than the close of business on the third Business Day preceding the Payment Purchase Date, a telegram, telex, facsimile transmission or letter setting forth the name of the Holder, the principal amount of Senior Notes delivered for purchase, and a statement that such Holder Xxxxxx is withdrawing his election to have such Notes Senior Note purchased; and (vii) that Holders whose Senior Notes are being purchased only accepted for payment in part will be issued new Senior Notes equal in principal amount to the unpurchased portion of the Senior Notes surrendered, which unpurchased portion must be equal to ; provided that only Senior Notes in a principal amount of $1,000 or integral multiples thereof will be accepted for payment in principal amount or an integral multiple thereofpart.

MANDATORY PURCHASE PROVISIONS. (a) Subject to Section 4.13 hereof, within Within 30 days after following any Change of Control or upon the Company's obligation to make an Asset Sale Offer pursuant to Section 4.14 (b) hereofTrigger Date, the Company shall mail a notice to each Holder at such Holder's registered address stating (i) that a Change of Control Offer or an Asset Sale Offer offer (each, an "Offer") is being made pursuant to ----- Section 4.13 4.10 or Section 4.14 hereof4.11, as the case may be, the length of time the Offer shall remain open, the amount of the Offer and the maximum aggregate principal amount of Subordinated Exchange Notes that all Notes tendered will be accepted for payment pursuant to such Offer; (ii) the purchase price for the Subordinated Exchange Notes (as set forth in Section 4.13 4.10 or 4.14 hereofSection 4.11, as the case may be), the amount of accrued and unpaid interest on, and Liquidated Damages thereonDamages, if any, with respect to, such Subordinated Exchange Notes as of the purchase date, and the purchase date (which shall be no earlier than 30 days nor or later than 60 40 days from the date such notice is mailed (the "Payment Purchase Date")); (iii) that any Notes Subordinated Exchange Note not properly tendered accepted for ------------- payment will continue to accrue interest and Liquidated Damages, if any, in accordance with the terms of this Indenture; (iv) that, unless the Company defaults in fails to deposit with the payment of Paying Agent on the Change of Control Payment, Purchase Date an amount sufficient to purchase all Subordinated Exchange Notes accepted for payment pursuant to the Offerpayment, interest shall cease to accrue interest on such Subordinated Exchange Notes after the Payment Purchase Date; (v) that Holders electing to have tender any Notes purchased pursuant to an Offer Subordinated Exchange Note or portion thereof will be required to surrender the Notestheir Subordinated Exchange Note, with a form entitled "Option of Holder to Elect Purchase" on the reverse of the Notes completed, or transfer by book-entry, to the Paying Agent at the address specified in the notice prior to the close of business on the fourth Business Day preceding the Payment Purchase Date; , provided that Holders electing to tender only a portion of any Subordinated -------- Exchange Note must tender a principal amount of $1,000 or integral multiples thereof, (vi) that Holders will be entitled to withdraw their election to tender Subordinated Exchange Notes, if the Paying Agent receives, not later than the close of business on the third Business Day preceding the Payment Purchase Date, a telegram, telex, facsimile transmission or letter setting forth the name of the Holder, the principal amount of Subordinated Exchange Notes delivered for purchase, and a statement that such Holder is withdrawing his election to have such Notes Subordinated Exchange Note purchased; and (vii) that Holders whose Subordinated Exchange Notes are being purchased only accepted for payment in part will be issued new Subordinated Exchange Notes equal in principal amount to the unpurchased portion of the Subordinated Exchange Notes surrendered, which unpurchased portion must be equal to ; provided that only Subordinated -------- Exchange Notes in a principal amount of $1,000 or integral multiples thereof will be accepted for payment in principal amount or an integral multiple thereofpart.

MANDATORY PURCHASE PROVISIONS. (a) Subject to Section 4.13 hereof, within Within 30 days after any Change of Control Trigger Date or upon the Company's obligation to make an Asset Sale Offer pursuant to Section 4.14 (b) hereofTrigger Date, the Company shall mail a notice to each Holder at such Holder's registered address stating (i) that a Change of Control Offer or an Asset Sale Offer offer (each, an "Offer") is being made pursuant to Section 4.13 or Section 4.14 hereof4.14, as the case may be, the length of time the Offer shall remain open and the maximum aggregate principal amount of Senior Notes that all Notes tendered will be accepted for payment pursuant to such Offer; (ii) the purchase price for the Senior Notes (as set forth in Section 4.13 or 4.14 hereofSection 4.14, as the case may be), the amount of accrued and unpaid interest on, and Liquidated Damages thereon, if anysuch Senior Notes as of the purchase date, and the purchase date (which shall be no earlier than 30 days nor and no later than 60 40 days from the date such notice is mailed (the "Payment Purchase Date")); (iii) that any Notes Senior Note not properly tendered accepted for payment will continue to accrue interest and Liquidated Damages, if any, in accordance with the terms of this Indentureinterest; (iv) that, unless the Company defaults in fails to deposit with the payment of Paying Agent on the Change of Control Payment, Purchase Date an amount sufficient to purchase all Senior Notes accepted for payment pursuant to the Offerpayment, interest shall cease to accrue interest on such Senior Notes after the Payment Purchase Date; (v) that Holders electing to have tender any Notes purchased pursuant to an Offer Senior Note or portion thereof will be required to surrender the Notestheir Senior Note, with a form entitled "Option of Holder to Elect Purchase" on the reverse of the Notes completed, or transfer by book-entry, to the Paying Agent at the address specified in the notice prior to the close of business on the fourth Business Day preceding the Payment Purchase Date, provided that Holders electing to tender only a portion of any Senior Note must tender a principal amount of $1,000 or integral multiples thereof; (vi) that Holders will be entitled to withdraw their election to tender Senior Notes, if the Paying Agent receives, not later than the close of business on the third Business Day preceding the Payment Purchase Date, a telegram, telex, facsimile transmission or letter setting forth the name of the Holder, the principal amount of Senior Notes delivered for purchase, and a statement that such Holder is withdrawing his election to have such Notes Senior Note purchased; and (vii) that Holders whose Senior Notes are being purchased only accepted for payment in part will be issued new Senior Notes equal in principal amount to the unpurchased portion of the Senior Notes surrendered, which unpurchased portion must be equal to ; provided that only Senior Notes in a principal amount of $1,000 or integral multiples thereof will be accepted for payment in principal amount or an integral multiple thereofpart.

MANDATORY PURCHASE PROVISIONS. (a) Subject to Section 4.13 hereof, within Within 30 days after any Change of Control Trigger Date or upon the Company's obligation to make an Asset Sale Offer pursuant to Section 4.14 (b) hereofTrigger Date, the Company shall mail a notice to each Holder at such Holder's registered address stating (i) that a Change of Control Offer or an Asset Sale Offer offer (each, an "Offer") is being made pursuant to Section 4.13 4.14 or Section 4.14 hereof4.15, as the case may be, the length of time the Offer shall remain open and the maximum aggregate principal amount of Notes that all Notes tendered will be accepted for payment pursuant to such Offer; (ii) the purchase price for the Notes (as set forth in Section 4.13 4.14 or 4.14 hereofSection 4.15, as the case may be), the amount of accrued and unpaid interest on, and Liquidated Damages thereonDamages, if any, with respect to, such Notes as of the purchase date, and the purchase date (which shall be no earlier than 30 days nor and no later than 60 40 days from the date such notice is mailed (the "Payment Purchase Date")); (iii) that any Notes Note not properly tendered accepted for payment will continue to accrue interest and Liquidated Damages, if any, in accordance with the terms of this Indenture; (iv) that, unless the Company defaults in fails to deposit with the payment of Paying Agent on the Change of Control Payment, Purchase Date an amount sufficient to purchase all Notes accepted by the Company for payment pursuant to the Offerpayment, interest shall cease to accrue interest on such Notes after the Payment Purchase Date; (v) that Holders electing to have tender any Notes purchased pursuant to an Offer Note or portion thereof will be required to surrender the Notestheir Note, with a form entitled "Option of Holder to Elect Purchase" on the reverse of the Notes completed, or transfer by book-entry, to the Paying Agent at the address specified in the notice prior to the close of business on the fourth Business Day preceding the Payment Purchase Date, provided that Holders electing to tender only a portion of any Note must tender a principal amount of $1,000 or integral multiples thereof; (vi) that Holders will be entitled to withdraw their election to tender Notes, if the Paying Agent receives, not later than the close of business on the third Business Day preceding the Payment Purchase Date, a telegram, telex, facsimile transmission or letter setting forth the name of the Holder, the principal amount of Notes delivered for purchase, and a statement that such Holder is withdrawing his election to have such Notes Note purchased; and (vii) that Holders whose Notes are being purchased only accepted for payment in part will be issued new Notes equal in principal amount to the unpurchased portion of the Notes surrendered, which unpurchased portion must be equal to ; provided that only Notes in a principal amount of $1,000 or integral multiples thereof will be accepted for payment in principal amount or an integral multiple thereofpart.

MANDATORY PURCHASE PROVISIONS. (a) Subject to Section 4.13 hereof, within Within 30 days after any Change of Control Trigger Date or upon the Company's obligation to make an Asset Sale Offer pursuant to Section 4.14 (b) hereofTrigger Date, the Company shall mail a notice to each Holder holder at such Holderholder's registered address stating stating: (i) that a Change of Control Offer or an Asset Sale Offer offer (each, an "Offer") is being made pursuant to Section 4.13 or Section 4.14 hereof, as the case may be, the length of time the Offer shall remain open and the maximum aggregate principal amount of Senior Notes that all Notes tendered will be accepted for payment pursuant to such Offer; (ii) the purchase price for the Senior Notes (as set forth in Section 4.13 or Section 4.14 hereof, as the case may be), the amount of accrued and unpaid interest on, and Liquidated Damages thereon, if anyon such Senior Notes as of the purchase date, and the purchase date (which shall be no earlier than 30 days nor and no later than 60 40 days from the date such notice is mailed (the "Payment Purchase Date")); (iii) that any Notes Senior Note not properly tendered accepted for payment will continue to accrue interest and Liquidated Damages, if any, in accordance with the terms of this Indentureinterest; (iv) that, unless the Company defaults in fails to deposit with the payment of Paying Agent on the Change of Control Payment, Purchase Date an amount sufficient to purchase all Senior Notes accepted for payment pursuant to the Offerpayment, interest shall cease to accrue interest on such Senior Notes after the Payment Purchase Date; (v) that Holders electing to have tender any Notes purchased pursuant to an Offer Senior Note or portion thereof will be required to surrender the Notestheir Senior Note, with a form entitled "Option of Holder to Elect Purchase" on the reverse of the Notes completed, or transfer by book-entry, to the Paying Agent at the address specified in the notice prior to the close of business on the fourth Business Day preceding the Payment Purchase Date, provided that Holders electing to tender only a portion of any Senior Note must tender a principal amount of $1,000 or integral multiples thereof; (vi) that Holders will be entitled to withdraw their election to tender Senior Notes, if the Paying Agent receives, not later than the close of business on the third Business Day preceding the Payment Purchase Date, a telegram, telex, facsimile transmission or letter setting forth the name of the Holder, the principal amount of Senior Notes delivered for purchase, and a statement that such Holder is withdrawing his election to have such Notes purchasedSenior Note purchasxx; and xxd (vii) that Holders whose Senior Notes are being purchased only accepted for payment in part will be issued new Senior Notes equal in principal amount to the unpurchased portion of the Senior Notes surrendered, which unpurchased portion must be equal to ; provided that only Senior Notes in a principal amount of $1,000 or integral multiples thereof will be accepted for payment in principal amount or an integral multiple thereofpart.

MANDATORY PURCHASE PROVISIONS. (a) Subject to Section 4.13 hereof, within Within 30 days after any Change of Control Trigger Date or upon the Company's obligation to make an Asset Sale Offer pursuant to Section 4.14 (b) hereofTrigger Date, the Company shall mail a notice to each Holder at such Holder's registered address stating stating: (i) that a Change of Control Offer or an Asset Sale Offer offer (each, an "Offer") is being made pursuant to Section 4.13 or Section 4.14 hereof, as the case may be, the length of time the Offer shall remain open and the maximum aggregate principal amount of Senior PIK Notes that all Notes tendered will be accepted for payment pursuant to such Offer; (ii) the purchase price for the Senior PIK Notes (as set forth in Section 4.13 or Section 4.14 hereof, as the case may be), the amount of accrued and unpaid interest on, and Liquidated Damages thereonDamages, if any, with respect to, such Senior PIK Notes as of the purchase date, and the purchase date (which shall be no earlier than 30 days nor and no later than 60 40 days from the date such notice is mailed (the "Payment Purchase Date")); (iii) that any Notes Senior PIK Note not properly tendered accepted for payment will continue to accrue interest and Liquidated Damages, if any, in accordance with the terms of this Indenture; (iv) that, unless the Company defaults in fails to deposit with the payment of Paying Agent on the Change of Control Payment, Purchase Date an amount sufficient to purchase all Senior PIK Notes accepted for payment pursuant to the Offerpayment, interest shall cease to accrue interest on such Senior PIK Notes after the Payment Purchase Date; (v) that Holders electing to have tender any Notes purchased pursuant to an Offer Senior PIK Note or portion thereof will be required to surrender the Notestheir Senior PIK Note, with a form entitled "Option of Holder to Elect Purchase" on the reverse of the Notes completed, or transfer by book-entry, to the Paying Agent at the address specified in the notice prior to the close of business on the fourth Business Day preceding the Payment Purchase Date; (vi) that Holders will be entitled to withdraw their election to tender Senior PIK Notes, if the Paying Agent receives, not later than the close of business on the third Business Day preceding the Payment Purchase Date, a telegram, telex, facsimile transmission or letter setting forth the name of the Holder, the principal amount of Senior PIK Notes delivered for purchase, and a statement that such Holder Xxxxxx is withdrawing his election to have such Notes Senior PIK Note purchased; and (vii) that Holders whose Senior PIK Notes are being purchased only accepted for payment in part will be issued new Senior PIK Notes equal in principal amount to the unpurchased portion of the Senior PIK Notes surrendered, which unpurchased portion must be equal to $1,000 in principal amount or an integral multiple thereof.

MANDATORY PURCHASE PROVISIONS. (a) Subject to Section 4.13 hereof, within Within 30 days after any Change of Control Trigger Date or upon the Company's obligation to make an Asset Sale Offer pursuant to Section 4.14 (b) hereofTrigger Date, the Company shall mail a notice to each Holder at such Holder's registered address stating stating: (i) that a Change of Control Offer or an Asset Sale Offer offer (each, an "Offer") is being made pursuant to Section 4.13 or Section 4.14 hereof, as the case may be, the length of time the Offer shall remain open and the maximum aggregate principal amount of Senior Notes that all Notes tendered will be accepted for payment pursuant to such Offer; (ii) the purchase price for the Senior Notes (as set forth in Section 4.13 or Section 4.14 hereof, as the case may be), the amount of accrued and unpaid interest on, and Liquidated Damages thereon, if anyon such Senior Notes as of the purchase date, and the purchase date (which shall be no earlier than 30 days nor and no later than 60 40 days from the date such notice is mailed (the "Payment Purchase Date")); (iii) that any Notes Senior Note not properly tendered accepted for payment will continue to accrue interest and Liquidated Damages, if any, in accordance with the terms of this Indentureinterest; (iv) that, unless the Company defaults in fails to deposit with the payment of Paying Agent on the Change of Control Payment, Purchase Date an amount sufficient to purchase all Senior Notes accepted for payment pursuant to the Offerpayment, interest shall cease to accrue interest on such Senior Notes after the Payment Purchase Date; (v) that Holders electing to have tender any Notes purchased pursuant to an Offer Senior Note or portion thereof will be required to surrender the Notestheir Senior Note, with a form entitled "Option of Holder to Elect Purchase" on the reverse of the Notes completed, or transfer by book-entry, to the Paying Agent at the address specified in the notice prior to the close of business on the fourth Business Day preceding the Payment Purchase Date, provided that Holders electing to tender only a portion of any Senior Note must tender a principal amount of $1,000 or integral multiples thereof; (vi) that Holders will be entitled to withdraw their election to tender Senior Notes, if the Paying Agent receives, not later than the close of business on the third Business Day preceding the Payment Purchase Date, a telegram, telex, facsimile transmission or letter setting forth the name of the Holder, the principal amount of Senior Notes delivered for purchase, and a statement that such Holder Xxxxxx is withdrawing his election to have such Notes Senior Note purchased; and (vii) that Holders whose Senior Notes are being purchased only accepted for payment in part will be issued new Senior Notes equal in principal amount to the unpurchased portion of the Senior Notes surrendered, which unpurchased portion must be equal to ; provided that only Senior Notes in a principal amount of $1,000 or integral multiples thereof will be accepted for payment in principal amount or an integral multiple thereofpart.

MANDATORY PURCHASE PROVISIONS. (a) Subject to Section 4.13 hereof, within Within 30 days after any Change of Control Trigger Date or upon the Company's obligation to make an Asset Sale Offer pursuant to Section 4.14 (b) hereofTrigger Date, the Company shall mail a notice to each Holder at such Holder's registered address stating (i) that a Change of Control Offer or an Asset Sale Offer offer (each, an "Offer") is being made pursuant to Section 4.13 or Section 4.14 hereof, as the case may be, the length of time the Offer shall remain open and the maximum aggregate principal amount of Senior Notes that all Notes tendered will be accepted for payment pursuant to such Offer; (ii) the purchase price for the Senior Notes (as set forth in Section 4.13 or Section 4.14 hereof, as the case may be), the amount of accrued and unpaid interest on, and Liquidated Damages thereon, if anyon such Senior Notes as of the purchase date, and the purchase date (which shall be no earlier than 30 days nor and no later than 60 40 days from the date such notice is mailed (the "Payment Purchase Date")); (iii) that any Notes Senior Note not properly tendered accepted for payment will continue to accrue interest and Liquidated Damages, if any, in accordance with the terms of this Indentureinterest; (iv) that, unless the Company defaults in fails to deposit with the payment of Paying Agent on the Change of Control Payment, Purchase Date an amount sufficient to purchase all Senior Notes accepted for payment pursuant to the Offerpayment, interest shall cease to accrue interest on such Senior Notes after the Payment Purchase Date; (v) that Holders electing to have tender any Notes purchased pursuant to an Offer Senior Note or portion thereof will be required to surrender the Notestheir Senior Note, with a form entitled "Option of Holder to Elect Purchase" on the reverse of the Notes completed, or transfer by book-entry, to the Paying Agent at the address specified in the notice prior to the close of business on the fourth Business Day preceding the Payment Purchase Date, provided that Holders electing to tender only a portion of any Senior Note must tender a principal amount of $1,000 or integral multiples thereof; (vi) that Holders will be entitled to withdraw their election to tender Senior Notes, if the Paying Agent receives, not later than the close of business on the third Business Day preceding the Payment Purchase Date, a telegram, telex, facsimile transmission or letter setting forth the name of the Holder, the principal amount of Senior Notes delivered for purchase, and a statement that such Holder is withdrawing his election to have such Notes purchasedSenior Note purchasxx; and xxd (vii) that Holders whose Senior Notes are being purchased only accepted for payment in part will be issued new Senior Notes equal in principal amount to the unpurchased portion of the Senior Notes surrendered, which unpurchased portion must be equal to ; provided that only Senior Notes in a principal amount of $1,000 or integral multiples thereof will be accepted for payment in principal amount or an integral multiple thereofpart.

MANDATORY PURCHASE PROVISIONS. (a) Subject to Section 4.13 hereof, within Within 30 days after any Change of Control Trigger Date or upon the Company's obligation to make an Asset Sale Offer pursuant to Section 4.14 (b) hereofTrigger Date, the Company Holdings shall mail a notice to each Holder at such Holder's registered address stating (i) that a Change of Control Offer or an Asset Sale Offer offer (each, an "Offer") is being made pursuant to Section 4.13 or Section 4.14 hereof4.14, as the case may be, the length of time the Offer shall remain open and the maximum aggregate principal amount of Notes that all Notes tendered will be accepted for payment pursuant to such Offer; (ii) the purchase price for the Notes (as set forth in Section 4.13 or 4.14 hereofSection 4.14, as the case may be), the amount of accrued and unpaid interest on, and Liquidated Damages thereonDamages, if any, with respect to, such Notes as of the purchase date, and the purchase date (which shall be no earlier than 30 days nor and no later than 60 40 days from the date such notice is mailed (the "Payment Purchase Date")); (iii) that any Notes Note not properly tendered accepted for payment will continue to accrue interest and Liquidated Damages, if any, in accordance with the terms of this Indenture; (iv) that, unless Holdings fails to deposit with the Company defaults in Paying Agent on the payment of the Change of Control Payment, Purchase Date an amount sufficient to purchase all Notes accepted by Holdings for payment pursuant to the Offerpayment, interest shall cease to accrue interest on such Notes after the Payment Purchase Date; (v) that Holders electing to have tender any Notes purchased pursuant to an Offer Note or portion thereof will be required to surrender the Notestheir Note, with a form entitled "Option of Holder to Elect Purchase" on the reverse of the Notes completed, or transfer by book-entry, to the Paying Agent at the address specified in the notice prior to the close of business on the fourth Business Day preceding the Payment Purchase Date, provided that Holders electing to tender only a portion of any Note must tender a principal amount of $500 or integral multiples thereof; (vi) that Holders will be entitled to withdraw their election to tender Notes, if the Paying Agent receives, not later than the close of business on the third Business Day preceding the Payment Purchase Date, a telegram, telex, facsimile transmission (receipt of which a Trust Officer has acknowledged) or letter setting forth the name of the Holder, the principal amount (or, if prior to September 15, 2004, the Accreted Value) of Notes delivered for purchase, and a statement that such Holder is withdrawing his election to have such Notes Note purchased; and (vii) that Holders whose Notes are being purchased only accepted for payment in part will be issued new Notes equal in principal amount at maturity to the unpurchased portion of the Notes surrendered, which unpurchased portion must be equal to $1,000 ; provided that only Notes in a principal amount of $500 or an integral multiple thereofmultiples thereof will be accepted for payment in part.