Common use of Notice of Failure Purchase Clause in Contracts

Notice of Failure Purchase. At least thirty (30) days but not more than sixty (60) days before a Failure Purchase Date, Parent shall mail or cause to be mailed, a notice of Failure Purchase to each Holder at its registered address (the “Failure Purchase Notice”) and shall publicly disclose the election of the Failure Purchase and the information required to be contained in the Failure Purchase Notice pursuant to this Section 12(b). The Failure Purchase Notice shall identify the number of Securities Outstanding and shall state: (i) the Failure Purchase Date; (ii) the Failure Purchase Price; (iii) the name and address of the paying agent; (iv) that Securities must be surrendered to the Paying Agent to collect the Failure Purchase Price; (v) that, unless Parent fails to make payment of the Failure Purchase Price, all right, title and interest in and to the Securities and any CVR Payment or any other amounts due under this Agreement, if any, on Securities called for Failure Purchase ceases to accrue on and after the Failure Purchase Date; (vi) the clause of the Agreement pursuant to which the Failure Purchase shall occur; and (vii) that no representation is made as to the correctness or accuracy of the CUSIP and ISIN number, if any, listed in such notice or printed on the Securities. At Parent’s request, the Trustee shall give the Failure Purchase Notice in the Parent’s name and at its expense; provided, however, that Parent shall have delivered to the Trustee at least forty five (45) days (unless a shorter period shall be agreed to by the Trustee) but not more than sixty (60) days prior to the Failure Purchase Date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Notice of Failure Purchase. At least thirty (30) days but not more than sixty (60) days before a Failure Purchase Date, Parent the Company shall mail or cause to be mailed, a notice of Failure Purchase to each Holder at its registered address (the “Failure Purchase Notice”) and shall publicly disclose the election of the Failure Purchase and the information required to be contained in the Failure Purchase Notice pursuant to this Section 12(b)SECTION 11.2. The Failure Purchase Notice shall identify the number of Securities Outstanding and shall state: (ia) the Failure Purchase Date; (iib) the Failure Purchase Price; (iiic) the name and address of the paying agent; (ivd) that Securities must be surrendered to the Paying Agent to collect the Failure Purchase Price; (ve) that, unless Parent the Company fails to make payment of the Failure Purchase Price, all right, title and interest in and to the Securities and any CVR Payment or any other amounts due under this CVR Agreement, if any, on Securities called for Failure Purchase ceases to accrue on and after the Failure Purchase Date; (vif) the clause of the this CVR Agreement pursuant to which the Failure Purchase shall occur; and (viig) that no representation is made as to the correctness or accuracy of the CUSIP and ISIN number, if any, listed in such notice or printed on the Securities. At Parentthe Company’s request, the Trustee shall give the Failure Purchase Notice in the ParentCompany’s name and at its expense; provided, however, that Parent the Company shall have delivered to the Trustee at least forty five (45) days (unless a shorter period shall be agreed to by the Trustee) but not more than sixty (60) days prior to the Failure Purchase Date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Notice of Failure Purchase. At least thirty (30) days but not more than sixty (60) days before a Failure Purchase Date, Parent shall mail or cause to be mailed, a notice of Failure Purchase to each Holder at its registered address (the “Failure Purchase Notice”) and shall publicly disclose the election of the Failure Purchase and the information required to be contained in the Failure Purchase Notice pursuant to this Section 12(b)10.2. The Failure Purchase Notice shall identify the number of Securities Outstanding and shall state: (ia) the Failure Purchase Date; (iib) the Failure Purchase Price; (iiic) the name and address of the paying agentPaying Agent; (ivd) that Securities must be surrendered to the Paying Agent to collect the Failure Purchase Price; (ve) that, unless Parent fails to make payment of the Failure Purchase Price, all right, title and interest in and to the Securities and any CVR Payment or any other amounts due under this Agreement, if any, on Securities called for Failure Purchase ceases to accrue on and after the Failure Purchase Date; (vif) the clause of the this Agreement pursuant to which the Failure Purchase shall occur; and (viig) that no representation is made as to the correctness or accuracy of the CUSIP and ISIN number, if any, listed in such notice or printed on the Securities. At Parent’s request, the Trustee shall give the Failure Purchase Notice in the Parent’s name and at its expense; provided, however, that Parent shall have delivered to the Trustee at least forty five (45) days (unless a shorter period shall be agreed to by the Trustee) but not more than sixty (60) days prior to the Failure Purchase Date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Notice of Failure Purchase. At least thirty (30) days but not more than sixty (60) days before a Failure Purchase Date, Parent the Company shall mail or cause to be mailed, by first class mail, a notice of Failure Purchase to each Holder at its registered address (the address(the “Failure Purchase Notice”) and shall publicly disclose the election of the Failure Purchase and the information required to be contained in the Failure Purchase Notice pursuant to this Section 12(b)10.2 of the CVR Agreement. The notice (the “Failure Purchase Notice Notice”) shall identify the number of Securities Outstanding and shall state: (i) the Failure Purchase Date; (ii) the Failure Purchase Price; (iii) the name and address of the paying agent; (iv) that Securities must be surrendered to the Paying Agent to collect the Failure Purchase Price; (v) that, unless Parent the Company fails to make payment of on the Failure Purchase Price, all right, title and interest in and to the Securities and any CVR Payment or any other amounts due under this the CVR Agreement, if any, on Securities called for Failure Purchase ceases to accrue on and after the Failure Purchase Date; (vi) the clause of the CVR Agreement pursuant to which the Failure Purchase shall occur; and (vii) that no representation is made as to the correctness or accuracy of the CUSIP and ISIN number, if any, listed in such notice or printed on the Securities. At Parentthe Company’s request, the Trustee shall give the Failure Purchase Notice in the ParentCompany’s name and at its expense; provided, however, that Parent the Company shall have delivered to the Trustee at least forty five (45) days (unless a shorter period shall be agreed to by the Trustee) but not more than sixty (60) days prior to the Failure Purchase Date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Notice of Failure Purchase. At least thirty (30) days but not more than sixty (60) days before a Failure Purchase Date, Parent the Company shall mail or cause to be mailed, a notice of Failure Purchase to each Holder at its registered address (the “Failure Purchase Notice”) and shall publicly disclose the election of the Failure Purchase and the information required to be contained in the Failure Purchase Notice pursuant to this Section 12(b)10.2. The Failure Purchase Notice shall identify the number of Securities Outstanding and shall state: (ia) the Failure Purchase Date; (iib) the Failure Purchase Price; (iiic) the name and address of the paying agent; (ivd) that Securities must be surrendered to the Paying Agent to collect the Failure Purchase Price; (ve) that, unless Parent the Company fails to make payment of the Failure Purchase Price, all right, title and interest in and to the Securities and any CVR Payment or any other amounts due under this CVR Agreement, if any, on Securities called for Failure Purchase ceases to accrue on and after the Failure Purchase Date; (vif) the clause of the this CVR Agreement pursuant to which the Failure Purchase shall occur; and (viig) that no representation is made as to the correctness or accuracy of the CUSIP and ISIN number, if any, listed in such notice or printed on the Securities. At Parentthe Company’s request, the Trustee shall give the Failure Purchase Notice in the ParentCompany’s name and at its expense; provided, however, that Parent the Company shall have delivered to the Trustee at least forty five (45) days (unless a shorter period shall be agreed to by the Trustee) but not more than sixty (60) days prior to the Failure Purchase Date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.

Notice of Failure Purchase. At least thirty (30) days but not more than sixty (60) days before a Failure Purchase Date, Parent the Company shall mail or cause to be mailed, by first class mail, a notice of Failure Purchase to each Holder at its registered address (the “Failure Purchase Notice”) and shall publicly disclose the election of the Failure Purchase and the information required to be contained in the Failure Purchase Notice pursuant to this Section 12(b)10.2 of the CVR Agreement. The notice (the “Failure Purchase Notice Notice”) shall identify the number of Securities Outstanding and shall state: (i) the Failure Purchase Date; (ii) the Failure Purchase Price; (iii) the name and address of the paying agent; (iv) that Securities must be surrendered to the Paying Agent to collect the Failure Purchase Price; (v) that, unless Parent the Company fails to make payment of on the Failure Purchase Price, all right, title and interest in and to the Securities and any CVR Payment or any other amounts due under this the CVR Agreement, if any, on Securities called for Failure Purchase ceases to accrue on and after the Failure Purchase Date; (vi) the clause of the CVR Agreement pursuant to which the Failure Purchase shall occur; and (vii) that no representation is made as to the correctness or accuracy of the CUSIP and ISIN number, if any, listed in such notice or printed on the Securities. At Parentthe Company’s request, the Trustee shall give the Failure Purchase Notice in the ParentCompany’s name and at its expense; provided, however, that Parent the Company shall have delivered to the Trustee at least forty five (45) days (unless a shorter period shall be agreed to by the Trustee) but not more than sixty (60) days prior to the Failure Purchase Date, an Officer’s Certificate requesting that the Trustee give such notice and setting forth the information to be stated in such notice as provided in the preceding paragraph.