Common use of Offer to Purchase By the Company upon a Fundamental Change Clause in Contracts

Offer to Purchase By the Company upon a Fundamental Change. In the event of a Fundamental Change with respect to the Company at any time prior to December 31, 2015, the Company will be required to make an offer to purchase (the “Fundamental Change Purchase Offer”) all Outstanding Interest Securities at a purchase price equal to (i) the Principal Amount, plus (ii) accrued but unpaid interest, including Additional Amounts, if any, up to, but excluding, the purchase date (the “Fundamental Change Purchase Date”) plus (iii) if a Redemption Trigger (as defined under “Company’s Obligation to Redeem” above) has occurred prior to the date of the applicable Fundamental Change, but the Company has not yet made payments to the Holders as provided above, an additional 20% of the Principal Amount of the 2015 Securities; provided, that the amounts set forth in clause (iii) shall not be payable to any Holder of the 2015 Securities or the Interest Securities with respect to any Fundamental Change arising out of or in connection with any actions of such Holder (including, for the avoidance of doubt, participating in, or voting in favor of, any such Fundamental Change) (such amounts collectively, the “Fundamental Change Purchase Price”). Subject to the satisfaction of certain conditions set forth in this Interest Security and in Article XV of the Indenture, the Company will have the right to pay the Fundamental Change Purchase Price by delivering Common Shares, cash or a combination of Common Shares and cash, as set forth in the Indenture. Within thirty (30) Business Days after the occurrence of a Fundamental Change with respect to the Company, the Company shall mail to the Trustee and all Holders of the Interest Securities at their addresses shown in the Security Register, and to beneficial owners of the Interest Securities as may be required by applicable law, a notice (the “Fundamental Change Notice”) of the occurrence of such Fundamental Change and the Fundamental Change Purchase Offer arising as a result thereof. The Company shall be required to purchase Interest Securities in respect of which such offer is accepted by a Holder no later than thirty (30) Business Days after a Fundamental Change Notice has been mailed. To accept the Fundamental Change Purchase Offer, a Holder of Interest Securities must deliver to the Company (if it is acting as its own Paying Agent), or to a Paying Agent designated by the Company for such purpose in the Fundamental Change Purchase Notice and the Trustee, on or before the close of business on the third (3rd) Business Day immediately preceding the Fundamental Change Purchase Date, (i) written notice of acceptance of the Fundamental Change Purchase Offer in the form set forth in the Fundamental Change Purchase Offer Acceptance Notice on the back of this Interest Security (“Fundamental Change Purchase Notice”), or any other form of written notice substantially similar to the Fundamental Change Purchase Notice, in each case, duly completed and signed, with appropriate signature guarantee, and (ii) such Interest Securities that the Holder wishes to tender for purchase by the Company pursuant to the Fundamental Change Offer, duly endorsed for transfer to the Company. Holders have the right to withdraw any Fundamental Change Purchase Notice by delivering to the Paying Agent a written notice of withdrawal in accordance with the provisions of the Indenture.

Offer to Purchase By the Company upon a Fundamental Change. In the event of a Fundamental Change with respect to the Company at any time prior to December 31, 2015, the Company will be required to make an offer to purchase (the “Fundamental Change Purchase Offer”) all Outstanding Interest 2015 Securities at a purchase price equal to (i) the Principal Amount, plus (ii) accrued but unpaid interest, including Additional Amounts, if any, up to, but excluding, the purchase date (the “Fundamental Change Purchase Date”) plus (iii) if a Redemption Trigger (as defined under “Company’s Obligation to Redeem” above) has occurred prior to the date of the applicable Fundamental Change, but the Company has not yet made payments to the Holders as provided above, an additional 20% of the Principal Amount of the 2015 Securities; provided, that the amounts set forth in clause (iii) shall not be payable to any Holder of the 2015 Securities or the Interest Securities with respect to any Fundamental Change arising out of or in connection with any actions of such Holder (including, for the avoidance of doubt, participating in, or voting in favor of, any such Fundamental Change) (such amounts collectively, the “Fundamental Change Purchase Price”). Subject to the satisfaction of certain conditions set forth in this Interest 2015 Security and in Article XV of the Indenture, the Company will have the right to pay the Fundamental Change Purchase Price by delivering Common Shares, cash or a combination of Common Shares and cash, as set forth in the Indenture. Within thirty (30) Business Days after the occurrence of a Fundamental Change with respect to the Company, the Company shall mail to the Trustee and all Holders of the Interest 2015 Securities at their addresses shown in the Security Register, and to beneficial owners of the Interest 2015 Securities as may be required by applicable law, a notice (the “Fundamental Change Notice”) of the occurrence of such Fundamental Change and the Fundamental Change Purchase Offer arising as a result thereof. The Company shall be required to purchase Interest 2015 Securities in respect of which such offer is accepted by a Holder no later than thirty (30) Business Days after a Fundamental Change Notice has been mailed. To accept the Fundamental Change Purchase Offer, a Holder of Interest Securities must deliver to the Company (if it is acting as its own Paying Agent), or to a Paying Agent designated by the Company for such purpose in the Fundamental Change Purchase Notice and the Trustee, on or before the close of business on the third (3rd) Business Day immediately preceding the Fundamental Change Purchase Date, (i) written notice of acceptance of the Fundamental Change Purchase Offer in the form set forth in the Fundamental Change Purchase Offer Acceptance Notice on the back of this Interest Security (“Fundamental Change Purchase Notice”), or any other form of written notice substantially similar to the Fundamental Change Purchase Notice, in each case, duly completed and signed, with appropriate signature guarantee, and (ii) such Interest Securities that the Holder wishes to tender for purchase by the Company pursuant to the Fundamental Change Offer, duly endorsed for transfer to the Company. Holders have the right to withdraw any Fundamental Change Purchase Notice by delivering to the Paying Agent a written notice of withdrawal in accordance with the provisions of the Indenture.

Offer to Purchase By the Company upon a Fundamental Change. In Subject to the terms and conditions of the Indenture, in the event of a Fundamental Change with respect to the Company at any time prior to December 31August 1, 20152014, the Company will be required to make an offer to purchase for cash (the “Fundamental Change Purchase Offer”) all Outstanding Interest outstanding Securities at a purchase price equal to (i) the Principal Amount, Amount plus (ii) accrued but unpaid interest, including Additional Interest Amounts or Additional Amounts, if anyany (the “Fundamental Change Purchase Price”), up to, but excluding, the purchase date (the Fundamental Change Purchase Date. The “Fundamental Change Purchase Date”) plus (iii) if ” will be a Redemption Trigger (as defined under “Company’s Obligation to Redeem” above) has occurred prior to date specified by the Company that is no later than the 30th calendar day following the date of the applicable Fundamental Change, but the Company has not yet made payments to the Holders as provided above, an additional 20% of the Principal Amount of the 2015 Securities; provided, that the amounts set forth in clause (iii) shall not be payable to any Holder of the 2015 Securities or the Interest Securities with respect to any Fundamental Change arising out of or in connection with any actions of such Holder Notice (including, for the avoidance of doubt, participating in, or voting in favor of, any such Fundamental Change) (such amounts collectively, the “Fundamental Change Purchase Price”as defined below). Subject to the satisfaction of certain conditions set forth in this Interest Security and in Article XV of the Indenture, the Company will have the right to pay the Fundamental Change Purchase Price by delivering Common Shares, cash or a combination of Common Shares and cash, as set forth in the Indenture. Within thirty (30) Business Days 30 calendar days after the occurrence of a Fundamental Change with respect to the Company, the Company shall mail to the Trustee, the Co-Trustee and all Holders of the Interest Securities at their addresses shown in the Security Register, and to beneficial owners of the Interest Securities as may be required by applicable law, a notice (the “Fundamental Change Notice”) of the occurrence of such Fundamental Change and the Fundamental Change Purchase Offer arising as a result thereof. The Company shall be required to purchase Interest Securities in respect of which such offer is accepted by a Holder no later than thirty (30) Business Days after a Fundamental Change Notice has been mailed. To accept the Fundamental Change Purchase Offer, a Holder of Interest Securities must deliver to the Company (if it is acting as its own Paying Agent), or to a Paying Agent designated by the Company for such purpose in the Fundamental Change Purchase Notice and the TrusteeNotice, on or before the close of business on the third (3rd) Business Day immediately preceding the Fundamental Change Purchase Date, (i) written notice of acceptance of the Fundamental Change Purchase Offer in the form set forth in the Fundamental Change Purchase Offer Acceptance Notice on the back of this Interest Security (the “Fundamental Change Purchase Notice”), or any other form of written notice substantially similar to the Fundamental Change Purchase Notice, in each case, duly completed and signed, with appropriate signature guarantee, and (ii) such Interest Securities that the Holder wishes to tender for purchase by the Company pursuant to the Fundamental Change Purchase Offer, duly endorsed together with the necessary endorsements for transfer to the Company. Holders have the right to withdraw any Fundamental Change Purchase Notice by delivering to the Paying Agent a written notice of withdrawal in accordance with the provisions of the Indenture. If the Fundamental Change Purchase Date is after a Regular Record Date but on or prior to the corresponding Interest Payment Date, then the interest payable on such date will be paid to the Holder of record of the Security on the relevant Regular Record Date and the Fundamental Change Purchase Price payable to the Holder who presents the Security for repurchase shall be 100% of the Principal Amount of such Security.

Offer to Purchase By the Company upon a Fundamental Change. In Subject to the terms and conditions of the Indenture, in the event of a Fundamental Change with respect to the Company at any time prior to December 31November 1, 20152014, the Company will be required to make an offer to purchase for cash (the “"Fundamental Change Purchase Offer”") all Outstanding Interest outstanding Securities at a purchase price equal to (i) the Principal Amount, Amount plus (ii) accrued but unpaid interest, including Additional Interest Amounts or Additional Amounts, if anyany (the "Fundamental Change Purchase Price"), up to, but excluding, the purchase date (the “Fundamental Change Purchase Date”) plus (iii) if . The "Fundamental Change Purchase Date" will be a Redemption Trigger (as defined under “Company’s Obligation to Redeem” above) has occurred prior to date specified by the Company that is no later than the 30th Business Day following the date of the applicable Fundamental Change, but the Company has not yet made payments to the Holders as provided above, an additional 20% of the Principal Amount of the 2015 Securities; provided, that the amounts set forth in clause (iii) shall not be payable to any Holder of the 2015 Securities or the Interest Securities with respect to any Fundamental Change arising out of or in connection with any actions of such Holder Notice (including, for the avoidance of doubt, participating in, or voting in favor of, any such Fundamental Change) (such amounts collectively, the “Fundamental Change Purchase Price”as defined below). Subject to the satisfaction of certain conditions set forth in this Interest Security and in Article XV of the Indenture, the Company will have the right to pay the Fundamental Change Purchase Price by delivering Common Shares, cash or a combination of Common Shares and cash, as set forth in the Indenture. Within thirty (30) Business Days 30 calendar days after the occurrence of a Fundamental Change with respect to the Company, the Company shall mail to the Trustee, the Co-Trustee and all Holders of the Interest Securities at their addresses shown in the Security Register, and to beneficial owners of the Interest Securities as may be required by applicable law, a notice (the “"Fundamental Change Notice”") of the occurrence of such Fundamental Change and the Fundamental Change Purchase Offer arising as a result thereof. The Company shall be required to purchase Interest Securities in respect of which such offer is accepted by a Holder no later than thirty (30) Business Days after a Fundamental Change Notice has been mailed. To accept the Fundamental Change Purchase Offer, a Holder of Interest Securities must deliver to the Company (if it is acting as its own Paying Agent), or to a Paying Agent designated by the Company for such purpose in the Fundamental Change Purchase Notice and the TrusteeNotice, on or before the close of business on the third (3rd) Business Day immediately preceding the Fundamental Change Purchase Date, (i) written notice of acceptance of the Fundamental Change Purchase Offer in the form set forth in the Fundamental Change Purchase Offer Acceptance Notice on the back of this Interest Security (“the "Fundamental Change Purchase Notice”"), or any other form of written notice substantially similar to the Fundamental Change Purchase Notice, in each case, duly completed and signed, with appropriate signature guarantee, and (ii) such Interest Securities that the Holder wishes to tender for purchase by the Company pursuant to the Fundamental Change Purchase Offer, duly endorsed together with the necessary endorsements for transfer to the Company. Holders have the right to withdraw any Fundamental Change Purchase Notice by delivering to the Paying Agent a written notice of withdrawal in accordance with the provisions of the Indenture. If the Fundamental Change Purchase Date is after a Regular Record Date but on or prior to the corresponding Interest Payment Date, then the interest payable on such date will be paid to the Holder of record of the Security on the relevant Regular Record Date and the Fundamental Change Purchase Price payable to the Holder who presents the Security for repurchase shall be 100% of the Principal Amount of such Security.

Offer to Purchase By the Company upon a Fundamental Change. In the event of a Fundamental Change with respect to the Company at any time prior to December 31, 20152018, the Company will be required to make an offer to purchase (the “Fundamental Change Purchase Offer”) all Outstanding 2018 Securities, together with the 2018 Interest Securities then Outstanding, at a purchase price equal to (i) the Principal Amount, plus (ii) accrued but unpaid interest, including Additional Amounts, if any, up to, but excluding, the purchase date (the “Fundamental Change Purchase Date”) plus (iii) if a Redemption Trigger (as defined under “Company’s Obligation to Redeem” above) has occurred prior to the date of the applicable Fundamental Change, but the Company has not yet made payments to the Holders as provided above, an additional 20% of the Principal Amount of the 2015 2018 Securities; provided, that the amounts set forth in clause (iii) shall not be payable to any Holder of the 2015 2018 Securities or the 2018 Interest Securities with respect to any Fundamental Change principally arising out of of, or in connection with with, any actions of such Holder or in which such Holder is an active participant (includingexcluding, for the avoidance of doubt, participating in, or voting in favor of any Fundamental Change that does not principally arise out of, any or is not caused by, the actions of such Fundamental ChangeHolder) (such amounts collectively, the “Fundamental Change Purchase Price”). Subject to the satisfaction of certain conditions set forth in this Interest 2018 Security and in Article XV of the Indenture, the Company will have the right to pay the Fundamental Change Purchase Price by delivering Common Shares, cash or a combination of Common Shares and cash, as set forth in the Indenture. Within thirty (30) Business Days after the occurrence of a Fundamental Change with respect to the Company, the Company shall mail to the Trustee and all Holders of the 2018 Securities and 2018 Interest Securities at their addresses shown in the Security Register, and to beneficial owners of the 2018 Securities and 2018 Interest Securities as may be required by applicable law, a notice (the “Fundamental Change Notice”) of the occurrence of such Fundamental Change and the Fundamental Change Purchase Offer arising as a result thereof. The Company shall be required to purchase 2018 Securities in respect of which such offer is accepted by a Holder, together with the 2018 Interest Securities in respect of which such offer is accepted by a Holder Holder, no later than thirty (30) Business Days after a Fundamental Change Notice has been mailed. To accept the Fundamental Change Purchase Offer, a Holder of 2018 Securities or 2018 Interest Securities must deliver to the Company (if it is acting as its own Paying Agent), or to a Paying Agent designated by the Company for such purpose in the Fundamental Change Purchase Notice and the Trustee, on or before the close of business on the third (3rd) Business Day immediately preceding the Fundamental Change Purchase Date, (i) written notice of acceptance of the Fundamental Change Purchase Offer in the form set forth in the Fundamental Change Purchase Offer Acceptance Notice on the back of this Interest 2018 Security (“Fundamental Change Purchase Notice”), or any other form of written notice substantially similar to the Fundamental Change Purchase Notice, in each case, duly completed and signed, with appropriate signature guarantee, and (ii) such Interest 2018 Securities that the Holder wishes to tender for purchase by the Company pursuant to the Fundamental Change Offer, duly endorsed for transfer to the Company. Holders have the right to withdraw any Fundamental Change Purchase Notice by delivering to the Paying Agent a written notice of withdrawal in accordance with the provisions of the Indenture.

Offer to Purchase By the Company upon a Fundamental Change. In the event of a Fundamental Change with respect to the Company at any time prior to December 31[●], 20152014, the Company will be required to make an offer to purchase (the “Fundamental Change Purchase Offer”) all Outstanding Interest outstanding Modified Securities at a purchase price equal to (i) the Principal Amount, Amount plus (ii) accrued but unpaid interest, including Additional Amounts, if anyany (the “Fundamental Change Purchase Price”), up to, but excluding, the purchase date (the “Fundamental Change Purchase Date”) plus (iii) if a Redemption Trigger (as defined under “Company’s Obligation to Redeem” above) has occurred prior to the date of the applicable Fundamental Change, but the Company has not yet made payments to the Holders as provided above, an additional 20% of the Principal Amount of the 2015 Securities; provided, that the amounts set forth in clause (iii) shall not be payable to any Holder of the 2015 Securities or the Interest Securities with respect to any Fundamental Change arising out of or in connection with any actions of such Holder (including, for the avoidance of doubt, participating in, or voting in favor of, any such Fundamental Change) (such amounts collectively, the “Fundamental Change Purchase Price”). Subject to the satisfaction of certain conditions set forth in this Interest Modified Security and in Article XV of the Indenture, the Company will have the right to pay the Fundamental Change Purchase Price by delivering Common Shares, cash or a combination of Common Shares and cash, as set forth in the Indenture. Within thirty (30) 30 Business Days after the occurrence of a Fundamental Change with respect to the Company, the Company shall mail to the Trustee and all Holders of the Interest Modified Securities at their addresses shown in the Security Register, and to beneficial owners of the Interest Modified Securities as may be required by applicable law, a notice (the “Fundamental Change Notice”) of the occurrence of such Fundamental Change and the Fundamental Change Purchase Offer arising as a result thereof. The Company shall be required to purchase Interest Modified Securities in respect of which such offer is accepted by a Holder no later than thirty (30) 30 Business Days after a Fundamental Change Notice has been mailed. To accept the Fundamental Change Purchase Offer, a Holder of Interest Modified Securities must deliver to the Company (if it is acting as its own Paying Agent), or to a Paying Agent designated by the Company for such purpose in the Fundamental Change Purchase Notice and the Trustee, on or before the close of business on the third (3rd) Business Day immediately preceding the Fundamental Change Purchase Date, (i) written notice of acceptance of the Fundamental Change Purchase Offer in the form set forth in the Fundamental Change Purchase Offer Acceptance Notice on the back of this Interest Modified Security (“Fundamental Change Purchase Notice”), or any other form of written notice substantially similar to the Fundamental Change Purchase Notice, in each case, duly completed and signed, with appropriate signature guarantee, and (ii) such Interest Modified Securities that the Holder wishes to tender for purchase by the Company pursuant to the Fundamental Change Offer, duly endorsed for transfer to the Company. Holders have the right to withdraw any Fundamental Change Purchase Notice by delivering to the Paying Agent a written notice of withdrawal in accordance with the provisions of the Indenture.

Offer to Purchase By the Company upon a Fundamental Change. In the event of a Fundamental Change with respect to the Company at any time prior to December 31May 1, 2015, the Company will be required to make an offer to purchase for cash (the “"Fundamental Change Purchase Offer”") all Outstanding Interest outstanding Securities at a purchase price equal to (i) the Principal Amount, Amount plus (ii) accrued but unpaid interest, including Additional Amounts, if anyany (the "Fundamental Change Purchase Price"), up to, but excluding, the purchase date (the “"Fundamental Change Purchase Date”) plus (iii) if a Redemption Trigger (as defined under “Company’s Obligation to Redeem” above) has occurred prior to the date of the applicable Fundamental Change, but the Company has not yet made payments to the Holders as provided above, an additional 20% of the Principal Amount of the 2015 Securities; provided, that the amounts set forth in clause (iii) shall not be payable to any Holder of the 2015 Securities or the Interest Securities with respect to any Fundamental Change arising out of or in connection with any actions of such Holder (including, for the avoidance of doubt, participating in, or voting in favor of, any such Fundamental Change) (such amounts collectively, the “Fundamental Change Purchase Price”"). Subject to the satisfaction of certain conditions set forth in this Interest Security and in Article XV of the Indenture, the Company will have the right to pay the Fundamental Change Purchase Price by delivering Common Shares, cash or a combination of Common Shares and cash, as set forth in the Indenture. Within thirty (30) 30 Business Days after the occurrence of a Fundamental Change with respect to the Company, the Company shall mail to the Trustee and all Holders of the Interest Securities at their addresses shown in the Security Register, and to beneficial owners of the Interest Securities as may be required by applicable law, a notice (the “"Fundamental Change Notice”") of the occurrence of such Fundamental Change and the Fundamental Change Purchase Offer arising as a result thereof. The Company shall be required to purchase Interest Securities in respect of which such offer is accepted by a Holder no later than thirty (30) 30 Business Days after a Fundamental Change Notice has been mailed. To accept the Fundamental Change Purchase Offer, a Holder of Interest Securities must deliver to the Company (if it is acting as its own Paying Agent), or to a Paying Agent designated by the Company for such purpose in the Fundamental Change Purchase Notice and the Trustee, on or before the close of business on the third (3rd) Business Day immediately preceding prior to the Fundamental Change Purchase Date, (i) written notice of acceptance of the Fundamental Change Purchase Offer in the form set forth in the Fundamental Change Purchase Offer Acceptance Notice on the back of this Interest Security (“"Fundamental Change Purchase Notice”"), or any other form of written notice substantially similar to the Fundamental Change Purchase Notice, in each case, duly completed and signed, with appropriate signature guarantee, and (ii) such Interest Securities that the Holder wishes to tender for purchase by the Company pursuant to the Fundamental Change Offer, duly endorsed for transfer to the Company. Holders have the right to withdraw any Repurchase Notice or Fundamental Change Purchase Notice by delivering to the Paying Agent a written notice of withdrawal in accordance with the provisions of the Indenture.

Offer to Purchase By the Company upon a Fundamental Change. In Subject to the terms and conditions of the Indenture, in the event of a Fundamental Change with respect to the Company at any time prior to December March 31, 20152016, the Company will be required to make an offer to purchase for cash (the “"Fundamental Change Purchase Offer”") all Outstanding Interest outstanding Securities at a purchase price equal to (i) the Principal Amount, Amount plus (ii) accrued but unpaid interest, including Additional Interest Amounts or Additional Amounts, if anyany (the "Fundamental Change Purchase Price"), up to, but excluding, the purchase date (the “Fundamental Change Purchase Date”) plus (iii) if . The "Fundamental Change Purchase Date" will be a Redemption Trigger (as defined under “Company’s Obligation to Redeem” above) has occurred prior to date specified by the Company that is no later than the 30th Business Day following the date of the applicable Fundamental Change, but the Company has not yet made payments to the Holders as provided above, an additional 20% of the Principal Amount of the 2015 Securities; provided, that the amounts set forth in clause (iii) shall not be payable to any Holder of the 2015 Securities or the Interest Securities with respect to any Fundamental Change arising out of or in connection with any actions of such Holder Notice (including, for the avoidance of doubt, participating in, or voting in favor of, any such Fundamental Change) (such amounts collectively, the “Fundamental Change Purchase Price”as defined below). Subject to the satisfaction of certain conditions set forth in this Interest Security and in Article XV of the Indenture, the Company will have the right to pay the Fundamental Change Purchase Price by delivering Common Shares, cash or a combination of Common Shares and cash, as set forth in the Indenture. Within thirty (30) Business Days 30 calendar days after the occurrence of a Fundamental Change with respect to the Company, the Company shall mail to the Trustee, the Co-Trustee and all Holders of the Interest Securities at their addresses shown in the Security Register, and to beneficial owners of the Interest Securities as may be required by applicable law, a notice (the “"Fundamental Change Notice”") of the occurrence of such Fundamental Change and the Fundamental Change Purchase Offer arising as a result thereof. The Company shall be required to purchase Interest Securities in respect of which such offer is accepted by a Holder no later than thirty (30) Business Days after a Fundamental Change Notice has been mailed. To accept the Fundamental Change Purchase Offer, a Holder of Interest Securities must deliver to the Company (if it is acting as its own Paying Agent), or to a Paying Agent designated by the Company for such purpose in the Fundamental Change Purchase Notice and the TrusteeNotice, on or before the close of business on the third (3rd) Business Day immediately preceding the Fundamental Change Purchase Date, (i) written notice of acceptance of the Fundamental Change Purchase Offer in the form set forth in the Fundamental Change Purchase Offer Acceptance Notice on the back of this Interest Security (“the "Fundamental Change Purchase Notice”"), or any other form of written notice substantially similar to the Fundamental Change Purchase Notice, in each case, duly completed and signed, with appropriate signature guarantee, and (ii) such Interest Securities that the Holder wishes to tender for purchase by the Company pursuant to the Fundamental Change Purchase Offer, duly endorsed together with the necessary endorsements for transfer to the Company. Holders have the right to withdraw any Fundamental Change Purchase Notice by delivering to the Paying Agent a written notice of withdrawal in accordance with the provisions of the Indenture. If the Fundamental Change Purchase Date is after a Regular Record Date but on or prior to the corresponding Interest Payment Date, then the interest payable on such date will be paid to the Holder of record of the Security on the relevant Regular Record Date and the Fundamental Change Purchase Price payable to the Holder who presents the Security for repurchase shall be 100% of the Principal Amount of such Security.

Offer to Purchase By the Company upon a Fundamental Change. In the event of a Fundamental Change with respect to the Company at any time prior to December 31, 20152018, the Company will be required to make an offer to purchase (the “Fundamental Change Purchase Offer”) all Outstanding 2018 Interest Securities, together with the 2018 Securities then Outstanding, at a purchase price equal to (i) the Principal Amount, plus (ii) accrued but unpaid interest, including Additional Amounts, if any, up to, but excluding, the purchase date (the “Fundamental Change Purchase Date”) plus (iii) if a Redemption Trigger (as defined under “Company’s Obligation to Redeem” above) has occurred prior to the date of the applicable Fundamental Change, but the Company has not yet made payments to the Holders as provided above, an additional 20% of the Principal Amount of the 2015 2018 Securities; provided, that the amounts set forth in clause (iii) shall not be payable to any Holder of the 2015 2018 Securities or the 2018 Interest Securities with respect to any Fundamental Change principally arising out of of, or in connection with with, any actions of such Holder or in which such Holder is an active participant (includingexcluding, for the avoidance of doubt, participating in, or voting in favor of any Fundamental Change that does not principally arise out of, any or is not caused by, the actions of such Fundamental ChangeHolder) (such amounts collectively, the “Fundamental Change Purchase Price”). Subject to the satisfaction of certain conditions set forth in this 2018 Interest Security and in Article XV of the Indenture, the Company will have the right to pay the Fundamental Change Purchase Price by delivering Common Shares, cash or a combination of Common Shares and cash, as set forth in the Indenture. Within thirty (30) Business Days after the occurrence of a Fundamental Change with respect to the Company, the Company shall mail to the Trustee and all Holders of the 2018 Interest Securities and 2018 Securities at their addresses shown in the Security Register, and to beneficial owners of the 2018 Interest Securities and 2018 Securities as may be required by applicable law, a notice (the “Fundamental Change Notice”) of the occurrence of such Fundamental Change and the Fundamental Change Purchase Offer arising as a result thereof. The Company shall be required to purchase 2018 Interest Securities in respect of which such offer is accepted by a Holder Holder, together with the 2018 Securities in respect of which such offer is accepted by a Holder, no later than thirty (30) Business Days after a Fundamental Change Notice has been mailed. To accept the Fundamental Change Purchase Offer, a Holder of Interest Securities must deliver to the Company (if it is acting as its own Paying Agent), or to a Paying Agent designated by the Company for such purpose in the Fundamental Change Purchase Notice and the Trustee, on or before the close of business on the third (3rd) Business Day immediately preceding the Fundamental Change Purchase Date, (i) written notice of acceptance of the Fundamental Change Purchase Offer in the form set forth in the Fundamental Change Purchase Offer Acceptance Notice on the back of this Interest Security (“Fundamental Change Purchase Notice”), or any other form of written notice substantially similar to the Fundamental Change Purchase Notice, in each case, duly completed and signed, with appropriate signature guarantee, and (ii) such Interest Securities that the Holder wishes to tender for purchase by the Company pursuant to the Fundamental Change Offer, duly endorsed for transfer to the Company. Holders have the right to withdraw any Fundamental Change Purchase Notice by delivering to the Paying Agent a written notice of withdrawal in accordance with the provisions of the Indenture.