Common use of Optional Repurchase Date Notice Clause in Contracts

Optional Repurchase Date Notice. No later than twenty five (25) Business Days before the Optional Repurchase Date, the Company will send to each Holder, the Trustee, the Conversion Agent and the Paying Agent a notice (an “Optional Repurchase Date Notice”). Such Optional Repurchase Date Notice must state: (i) the procedures that a Holder must follow to require the Company to repurchase its Notes pursuant to this Section 4.03, including the deadline for exercising the Optional Repurchase Right and the procedures for submitting and withdrawing an Optional Repurchase Notice; (ii) the Optional Repurchase Date; (iii) the Optional Repurchase Price and that the Holder of any Note at the Close of Business on the Regular Record Date immediately before the Optional Repurchase Date will be entitled to receive, on the Interest Payment Date falling on the Optional Repurchase Date, the unpaid interest that has accrued on such Note to, but excluding, such Interest Payment Date; (iv) the name and address of the Paying Agent and the Conversion Agent; (v) the Conversion Rate in effect on the date of such Optional Repurchase Date Notice; (vi) that Notes for which an Optional Repurchase Notice has been duly tendered and not duly withdrawn must be delivered to the Paying Agent for the Holder thereof to be entitled to receive the Optional Repurchase Price; (vii) that Notes (or any portion thereof) that are subject to an Optional Repurchase Notice that has been duly tendered may be Converted (if otherwise then Convertible pursuant to Article 5) only if such Optional Repurchase Notice is withdrawn in accordance with the Indenture; and (viii) the CUSIP and ISIN numbers, if any, of the Notes. Neither the failure to deliver an Optional Repurchase Date Notice nor any defect in an Optional Repurchase Date Notice will limit the Optional Repurchase Right of any Holder or otherwise affect the validity of any proceedings relating to any Optional Repurchase.

Optional Repurchase Date Notice. No later less than twenty (20), nor more than thirty five (25) 35), Business Days before the each Optional Repurchase Date, the Company will (x) send to each HolderHolder (and to any beneficial owner of a Global Note, if required by applicable law), the Trustee, the Conversion Agent Trustee and the Paying Agent a written notice (an a “Optional Repurchase Date Notice”)) and (y) substantially contemporaneously therewith, issue a press release through such national newswire service as the Company then uses (or publish the same through such other widely disseminated public medium as the Company then uses, including its website) containing the information set forth in the Optional Repurchase Date Notice. Such Optional Repurchase Date Notice must state: (i) the procedures that a Holder must follow to require the Company to repurchase its Notes pursuant to this Section 4.031103, including the deadline for exercising the Optional Repurchase Right with respect to such Optional Repurchase Date and the procedures for submitting and withdrawing an Optional Repurchase Notice;, (ii) the such Optional Repurchase Date; (iii) the Optional Repurchase Price and that the Holder of any Note at the Close of Business on the Regular Record Date immediately before the such Optional Repurchase Date will be entitled to receive, on the Interest Payment Date falling on the such Optional Repurchase Date, the unpaid interest that has accrued on such Note to, but excluding, such Interest Payment Date; (iv) the name and address of the Paying Agent and the Conversion Agent; (v) the Conversion Rate in effect on the date of such Optional Repurchase Date NoticeDate; (vi) that Notes for which an Optional Repurchase Notice has been duly tendered and not duly withdrawn must be delivered to the Paying Agent for the Holder thereof to be entitled to receive the Optional Repurchase Price;; and (vii) that Notes (or any portion thereof) that are subject to an Optional Repurchase Notice that has been duly tendered may be Converted converted (if otherwise then Convertible convertible pursuant to Article 5Ten) only if such Optional Repurchase Notice is withdrawn in accordance with the this Indenture; and (viii) the CUSIP and ISIN numbers, if any, of the Notes. Neither the failure to deliver an Optional Repurchase Date Notice nor any defect in an Optional Repurchase Date Notice will limit the Optional Repurchase Right of any Holder or otherwise affect the validity of any proceedings relating to any Optional Repurchase.

Optional Repurchase Date Notice. No later than twenty five (2520) Business Days before the each Optional Repurchase Date, the Company will send to each HolderHolder (and to any beneficial owner of a Global Note, if required by applicable law), the Trustee, the Conversion Agent Trustee and the Paying Agent a notice (an “Optional Repurchase Date Notice”). Such Optional Repurchase Date Notice must state: (i) the procedures that a Holder must follow to require the Company to repurchase its Notes pursuant to this Section 4.03, including the deadline for exercising the Optional Repurchase Right with respect to such Optional Repurchase Date and the procedures for submitting and withdrawing an Optional Repurchase Notice;, (ii) the such Optional Repurchase Date; (iii) the Optional Repurchase Price and that the Holder of any Note at the Close of Business on the Regular Record Date immediately before the such Optional Repurchase Date will be entitled to receive, on the Interest Payment Date falling on the such Optional Repurchase Date, the unpaid interest that has accrued on such Note to, but excluding, such Interest Payment Date; (iv) the name and address of the Paying Agent and the Conversion Agent; (v) the Conversion Rate in effect on the date of such Optional Repurchase Date NoticeDate; (vi) that Notes for which an Optional Repurchase Notice has been duly tendered and not duly withdrawn must be delivered to the Paying Agent for the Holder thereof to be entitled to receive the Optional Repurchase Price; (vii) that Notes (or any portion thereof) that are subject to an Optional Repurchase Notice that has been duly tendered may be Converted converted (if otherwise then Convertible convertible pursuant to Article 5) only if such Optional Repurchase Notice is withdrawn in accordance with the this Indenture; and (viii) the CUSIP and ISIN numbers, if any, of the Notes. Neither the failure to deliver an Optional Repurchase Date Notice nor any defect in an Optional Repurchase Date Notice will limit the Optional Repurchase Right of any Holder or otherwise affect the validity of any proceedings relating to any Optional Repurchase.

Optional Repurchase Date Notice. No earlier than thirty five (35), nor later than twenty five (2520) Business Days before the Optional Repurchase Date, the Company will send to each Holder, the Trustee, the Conversion Agent (if other than the Trustee) and the Paying Agent (if other than the Trustee) a notice (an “Optional Repurchase Date Notice”). Such Optional Repurchase Date Notice must state: : (i) the procedures that a Holder must follow to require the Company to repurchase its Notes pursuant to this Section 4.03, including the deadline for exercising the Optional Repurchase Right and the procedures for submitting and withdrawing an Optional Repurchase Notice; ; (ii) the Optional Repurchase Date; ; (iii) the Optional Repurchase Price and that the Holder per $1,000 principal amount of Notes (and, if any Note at the Close Special Interest or Additional Interest is payable in respect of Business on the Regular Record Date immediately before the Optional Repurchase Date will be entitled to receive, on the Interest Payment Date falling on the Optional Repurchase Date, the unpaid amount, manner and timing of the interest that has accrued on such Note to, but excluding, such Interest Payment Date; payment payable pursuant to the proviso to the first sentence of Section 4.03(C)); (iv) the name and address of the Paying Agent and the Conversion Agent; ; (v) the Conversion Rate in effect on the date of such Optional Repurchase Date Notice; ; (vi) that Notes for which an Optional Repurchase Notice has been duly tendered and not duly withdrawn must be delivered to the Paying Agent for the Holder thereof to be entitled to receive the Optional Repurchase Price; ; (vii) that Notes (or any portion thereof) that are subject to an Optional Repurchase Notice that has been duly tendered may be Converted (if otherwise then Convertible pursuant to Article 5) only if such Optional Repurchase Notice is withdrawn in accordance with the Indenture; and (viii) the CUSIP and ISIN numbers, if any, of the Notes. Neither the failure to deliver an Optional Repurchase Date Notice nor any defect in an Optional Repurchase Date Notice will limit the Optional Repurchase Right of any Holder or otherwise affect the validity of any proceedings relating to any Optional Repurchase.then

Optional Repurchase Date Notice. No later than twenty five (25) 20), Business Days before the Optional Repurchase Date, the Company will send to each Holder, the Trustee, the Conversion Agent and the Paying Agent a notice (an “Optional Repurchase Date Notice”)) (or publish the same through such other widely disseminated public medium as the Company then uses, including its website) containing the information required by this Indenture to be set forth in the Optional Repurchase Date Notice. Such Optional Repurchase Date Notice must state: (i) the procedures that a Holder must follow to require the Company to repurchase its Notes pursuant to this Section 4.03, including the deadline for exercising the Optional Repurchase Right and the procedures for submitting and withdrawing an Optional Repurchase Notice; (ii) the Optional Repurchase Date; (iii) the Optional Repurchase Price and that the Holder of any Note at the Close of Business on the Regular Record Date immediately before the Optional Repurchase Date will be entitled to receive, on the Interest Payment Date falling on the Optional Repurchase Date, the unpaid interest that has accrued on such Note to, but excluding, such Interest Payment Date; (iv) the name and address of the Paying Agent and the Conversion Agent; (v) the Conversion Rate in effect on the date of such Optional Repurchase Date Notice; (vi) that Notes for which an Optional Repurchase Notice has been duly tendered and not duly withdrawn must be delivered to the Paying Agent for the Holder thereof to be entitled to receive the Optional Repurchase Price; (vii) that Notes (or any portion thereof) that are subject to an Optional Repurchase Notice that has been duly tendered may be Converted converted (if otherwise then Convertible convertible pursuant to Article 5) only if such Optional Repurchase Notice is withdrawn in accordance with the this Indenture; and (viii) the CUSIP and ISIN numbers, if any, of the Notes. Neither the failure to deliver an Optional Repurchase Date Notice nor any defect in an Optional Repurchase Date Notice will limit the Optional Repurchase Right of any Holder or otherwise affect the validity of any proceedings relating to any Optional Repurchase.

Optional Repurchase Date Notice. No later than twenty five (2520) Business Days before the each Optional Repurchase Date, the Company will (x) send to each Holder, the Trustee, the Conversion Agent Trustee and the Paying Agent a notice (an “Optional Repurchase Date Notice”)) and (y) substantially contemporaneously therewith, issue a press release through such national newswire service as the Company then uses or publish the same through such other widely disseminated public medium as the Company then uses, including its website) containing the information set forth in the Optional Repurchase Date Notice. Such Optional Repurchase Date Notice must state: (i) the procedures that a Holder must follow to require the Company to repurchase its Notes pursuant to this Section 4.03, including the deadline for exercising the Optional Repurchase Right with respect to such Optional Repurchase Date and the procedures for submitting and withdrawing an Optional Repurchase Notice;, (ii) the such Optional Repurchase Date; (iii) the Optional Repurchase Price and that the Holder of any Note at the Close of Business on the Regular Record Date immediately before the such Optional Repurchase Date will be entitled to receive, on the Interest Payment Date falling on the such Optional Repurchase Date, the unpaid interest that has accrued on such Note to, but excluding, such Interest Payment Date; (iv) the name and address of the Paying Agent and the Conversion Agent; (v) the current Conversion Rate in effect on the date of such Optional Repurchase Date Notice;Rate; ​ ​ (vi) that Notes for which an Optional Repurchase Notice has been duly tendered and not duly withdrawn must be delivered to the Paying Agent for the Holder thereof to be entitled to receive the Optional Repurchase Price; (vii) that Notes (or any portion thereof) that are subject to an Optional Repurchase Notice that has been duly tendered may be Converted converted (if otherwise then Convertible convertible pursuant to Article 5) only if such Optional Repurchase Notice is withdrawn in accordance with the Indenture; and (viii) the CUSIP and ISIN numbers, if any, of the Notes. Neither the failure to deliver an Optional Repurchase Date Notice nor any defect in an Optional Repurchase Date Notice will limit the Optional Repurchase Right of any Holder or otherwise affect the validity of any proceedings relating to any Optional Repurchase.

Optional Repurchase Date Notice. No later than twenty five (2520) Business Days before the each Optional Repurchase Date, the Company will (x) send to each Holder, the Trustee, the Conversion Agent Trustee and the Paying Agent a notice (an “Optional Repurchase Date Notice”)) and (y) substantially contemporaneously therewith, issue a press release through such national newswire service as the Company then uses or publish the same through such other widely disseminated public medium as the Company then uses, including its website) containing the information set forth in the Optional Repurchase Date Notice. Such Optional Repurchase Date Notice must state: (i) the procedures that a Holder must follow to require the Company to repurchase its Notes pursuant to this Section 4.03, including the deadline for exercising the Optional Repurchase Right with respect to such Optional Repurchase Date and the procedures for submitting and withdrawing an Optional Repurchase Notice;, (ii) the such Optional Repurchase Date; (iii) the Optional Repurchase Price and that the Holder of any Note at the Close of Business on the Regular Record Date immediately before the such Optional Repurchase Date will be entitled to receive, on the Interest Payment Date falling on the such Optional Repurchase Date, the unpaid interest that has accrued on such Note to, but excluding, such Interest Payment Date; (iv) the name and address of the Paying Agent and the Conversion Agent; (v) the current Conversion Rate in effect on the date of such Optional Repurchase Date NoticeRate; (vi) that Notes for which an Optional Repurchase Notice has been duly tendered and not duly withdrawn must be delivered to the Paying Agent for the Holder thereof to be entitled to receive the Optional Repurchase Price; (vii) that Notes (or any portion thereof) that are subject to an Optional Repurchase Notice that has been duly tendered may be Converted converted (if otherwise then Convertible convertible pursuant to Article 5) only if such Optional Repurchase Notice is withdrawn in accordance with the Indenture; and (viii) the CUSIP and ISIN numbers, if any, of the Notes. Neither the failure to deliver an Optional Repurchase Date Notice nor any defect in an Optional Repurchase Date Notice will limit the Optional Repurchase Right of any Holder or otherwise affect the validity of any proceedings relating to any Optional Repurchase.

Optional Repurchase Date Notice. No later than twenty five (2520) Business Days before the Optional Repurchase Date, the Company will send to each Holder, the Trustee, the Conversion Agent and the Paying Agent a notice (an “Optional Repurchase Date Notice”). Such Optional Repurchase Date Notice must state: (i) the procedures that a Holder must follow to require the Company to repurchase its Notes pursuant to this Section 4.03, including the deadline for exercising the Optional Repurchase Right and the procedures for submitting and withdrawing an Optional Repurchase Notice; (ii) the Optional Repurchase Date; (iii) the Optional Repurchase Price (and a statement that if any payment of Special Interest or Additional Interest is due in respect of the Interest Payment Date falling on the Optional Repurchase Date, then (x) the Holder of any Note at the Close of Business on the Regular related Interest Record Date immediately before the Optional Repurchase Date will be entitled to receive, on the receive such payment of Special Interest Payment Date falling on or Additional Interest and (y) the Optional Repurchase Date, the unpaid interest that has accrued on Price will not include such Note to, but excluding, such Special Interest Payment Dateor Additional Interest); (iv) the name and address of the Paying Agent and the Conversion Agent; (v) the Conversion Rate in effect on the date of such Optional Repurchase Date Notice; (vi) that Notes for which an Optional Repurchase Notice has been duly tendered and not duly withdrawn must be delivered to the Paying Agent for the Holder thereof to be entitled to receive the Optional Repurchase Price; (vii) that Notes (or any portion thereof) that are subject to an Optional Repurchase Notice that has been duly tendered may be Converted (if otherwise then Convertible pursuant to Article 5) only if such Optional Repurchase Notice is withdrawn in accordance with the this Indenture; and (viii) the CUSIP and ISIN numbers, if any, of the Notes. Neither the failure to deliver an Optional Repurchase Date Notice nor any defect in an Optional Repurchase Date Notice will limit the Optional Repurchase Right of any Holder or otherwise affect the validity of any proceedings relating to any Optional Repurchase.

Optional Repurchase Date Notice. No later than twenty five ten (2510) Business Days before months prior to the Optional Repurchase Date, the Company will send to each Eligible Holder, the Trustee, the Conversion Agent Trustee and the Paying Agent a notice (an “Optional Repurchase Date Notice”). Such Optional Repurchase Date Notice must state: (i) the procedures that a an Eligible Holder must follow to require the Company to repurchase its on the Optional Repurchase Date the Initial Notes then held by such Eligible Holder pursuant to this Section 4.034.04, including the deadline for exercising the Optional Repurchase Right and the procedures for submitting and withdrawing an Optional Repurchase Notice;, (ii) the Optional Repurchase Date; (iii) the Optional Repurchase Price and that the an Eligible Holder of any Initial Note at the Close of Business on the Regular Special Interest Record Date immediately before the Optional Repurchase Date will be entitled to receive, on the Special Interest Payment Date falling on the Optional Repurchase Date, the any unpaid interest Special Interest that has accrued on such Note to, but excluding, such Special Interest Payment Date; (iv) the name and address of the Paying Agent and the Conversion Agent; (v) that the Conversion Rate in effect on Initial Notes subject to the date of such Optional Repurchase Date Notice; (vi) that Notes for which an Optional Repurchase Notice has been duly tendered and not duly withdrawn must be delivered to the Paying Agent prior to the Close of Business on the tenth (10th) Scheduled Trading Day immediately prior to the Optional Repurchase Date (the “Optional Repurchase Note Surrender Date”) for the Eligible Holder thereof to be entitled to receive the Optional Repurchase Price; (vii) that Notes (or any portion thereof) that are subject to an Price on the Optional Repurchase Notice that has been duly tendered may be Converted (if otherwise then Convertible pursuant to Article 5) only if such Optional Repurchase Notice is withdrawn in accordance with the IndentureDate; and (viiivi) the CUSIP and ISIN numbers, if any, of the Notes. Neither the failure to deliver an Optional Repurchase Date Notice nor any defect in an Optional Repurchase Date Notice will limit the Optional Repurchase Right of any Eligible Holder or otherwise affect the validity of any proceedings relating to any Optional Repurchase. At the Company’s request, the Trustee shall give such Optional Repurchase Date Notice in the Company’s name and at the Company’s expense; provided that, in all cases, the text of such Optional Repurchase Date Notice shall be prepared by the Company and the Company shall have made such request at least two Business Days, in the case of Global Notes, and five Business Days, in the case of Physical Notes, prior to the date on which such Optional Repurchase Notice is to be sent.