Common use of Prepayment of Notes Clause in Contracts

Prepayment of Notes. Upon the prepayment in full of the principal of the Notes prior to the earlier to occur of a successful remarketing of the Notes pursuant to the provisions of Section 5.4 and a Termination Event (a "Prepayment Event"), the Company shall instruct the Collateral Agent in writing to purchase, and upon such written instruction, the Collateral Agent shall purchase the Prepayment Treasury Consideration on behalf of the Holders of Normal Units and promptly remit the remaining portion of any payments received with respect to such Notes to the Agent for payment to the Holders of such Normal Units. Any distribution to Holders of excess funds shall be payable at the Corporate Trust Office or, at the option of the Holder, by check mailed to the address of the Person entitled thereto at such address as it appears on the Register or by wire transfer to an account maintained in the United States specified by the Holder. The Prepayment Treasury Consideration will be substituted for the Pledged Notes, and will be pledged to the Collateral Agent in accordance with the terms of the Pledge Agreement to secure the obligation of each Holder of a Normal Unit to purchase the Common Shares under the Purchase Contract constituting a part of such Normal Unit. Following the occurrence of a Prepayment Event, the Holders of Normal Units and the Collateral Agent shall have such security interests, rights and obligations with respect to the Prepayment Treasury Consideration as the Holder of Normal Units and the Collateral Agent had in respect of the Notes, as the case may be, subject to the Pledge thereof as provided in Articles II, III, IV, V and VI of the Pledge Agreement, and any reference herein or in the Certificates to the Note shall be deemed to be a reference to such Prepayment Treasury Consideration. The Company may cause to be made in any Normal Unit Certificates thereafter to be issued such change in phraseology and form (but not in substance) as may be appropriate to reflect the substitution of the Prepayment Treasury Consideration for Notes as collateral.

Prepayment of Notes. Upon the prepayment in full of the principal of the Notes prior to the earlier to occur of a successful remarketing of the Notes pursuant to the provisions of Section 5.4 and a Termination Event (a "Prepayment Event"), the Company shall instruct the Collateral Agent in writing to purchase, and upon such written instruction, the Collateral Agent shall purchase the Prepayment Treasury Consideration on behalf of the Holders of Normal Units and promptly remit the remaining portion of any payments received with respect to such Notes to the Agent for payment to the Holders of such Normal Units. Any distribution to Holders of excess funds shall be payable at the Corporate Trust Office or, at the option of the Holder, by check mailed to the address of the Person entitled thereto at such address as it appears on the Register or by wire transfer to an account maintained in the United States specified by the Holder. The Prepayment Treasury Consideration will be substituted for the Pledged Notes, and will be pledged to the Collateral Agent in accordance with the terms of the Pledge Agreement to secure the obligation of each Holder of a Normal Unit to purchase the Common Shares under the Purchase Contract constituting a part of such Normal Unit. Following the occurrence of a Prepayment Event, the Holders of Normal Units and the Collateral Agent shall have such security interests, rights and obligations with respect to the Prepayment Treasury Consideration as the Holder of Normal Units and the Collateral Agent had in respect of the Notes, as the case may be, subject to the Pledge thereof as provided in Articles II, III, IV, V and VI of the Pledge Agreement, and any reference herein or in the Certificates to the Note shall be deemed to be a reference to such Prepayment Treasury Consideration. The Company may cause to be made in any Normal Unit Certificates thereafter to be issued such change in phraseology and form (but not in substance) as may be appropriate to reflect the substitution of the Prepayment Treasury Consideration for Notes as collateral.. 39

Prepayment of Notes. Upon the prepayment in full occurrence of the principal of the Notes a Prepayment Event prior to the Share Purchase Date or the earlier to occur of a successful remarketing of the Notes pursuant to the provisions of Section 5.4 of the Purchase Contract Agreement and a Termination Event (a "Prepayment Event"), the Company shall instruct receipt in full by the Collateral Agent in writing to purchaseof the principal amount of and accrued interest, and upon such written instructionif any, on the Pledged Notes, the Collateral Agent shall will, at the written direction of the Company, purchase the Prepayment Treasury Consideration on behalf of the Holders of Normal Units and promptly remit the remaining portion portion, if any, of any payments the amounts received with in respect to such of the principal and accrued interest on the Pledged Notes to the Purchase Contract Agent for payment to the Holders of such Normal Units. Any distribution to Holders of excess funds The Collateral Agent shall be payable at transfer the Corporate Trust Office or, at the option of the Holder, by check mailed to the address of the Person entitled thereto at such address as it appears on the Register or by wire transfer to an account maintained in the United States specified by the Holder. The Prepayment Treasury Consideration will be substituted for the Pledged Notes, and will be pledged to the Collateral Agent in accordance with the terms of the Pledge Agreement Account to secure the obligation of each Holder all Holders of a Normal Unit Units to purchase the Common Shares of the Company under the Purchase Contract Contracts constituting a part of such Normal UnitUnits, in substitution for the Pledged Notes. Following the occurrence of a Prepayment Event, the Holders of Normal Units and Thereafter the Collateral Agent shall have such security interests, rights and obligations with respect to the Prepayment Treasury Consideration as the Holder of Normal Units and the Collateral Agent it had in respect of the Notes, as the case may be, subject to the Pledge thereof Pledged Notes as provided in Articles II, III, IV, V and VI of the Pledge AgreementVI, and any reference herein or in the Certificates to the Note Notes shall be deemed to be reference to such Prepayment Treasury Consideration, and any reference herein to interest on the Notes shall be deemed to be a reference to corresponding distributions on such Prepayment Treasury Consideration. The Company may cause to be made in any Normal Unit Certificates thereafter to be issued such change in phraseology and form (but not in substance) as may be appropriate to reflect the substitution of the Prepayment Treasury Consideration for Notes as collateral.

Prepayment of Notes. Upon the prepayment in full occurrence of the principal of the Notes a Prepayment Event prior to the Share Purchase Date or the earlier to occur of a successful remarketing of the Notes pursuant to the provisions of Section 5.4 of the Purchase Contract Agreement and a Termination Event (a "Prepayment Event"), the Company shall instruct receipt in full by the Collateral Agent in writing to purchaseof the principal amount of and accrued interest, and upon such written instructionif any, on the Pledged Notes, the Collateral Agent shall will, at the written direction of the Company, purchase the Prepayment Treasury Consideration on behalf of the Holders of Normal Units and promptly remit the remaining portion portion, if any, of any payments the amounts received with in respect to such of the principal of and accrued interest on the Pledged Notes to the Purchase Contract Agent for payment to the Holders of such Normal Units. Any distribution to Holders of excess funds The Collateral Agent shall be payable at transfer the Corporate Trust Office or, at the option of the Holder, by check mailed to the address of the Person entitled thereto at such address as it appears on the Register or by wire transfer to an account maintained in the United States specified by the Holder. The Prepayment Treasury Consideration will be substituted for the Pledged Notes, and will be pledged to the Collateral Agent in accordance with the terms of the Pledge Agreement Account to secure the obligation of each Holder all Holders of a Normal Unit Units to purchase the Common Shares of the Company under the Purchase Contract Contracts constituting a part of such Normal UnitUnits, in substitution for the Pledged Notes. Following the occurrence of a Prepayment Event, the Holders of Normal Units and Thereafter the Collateral Agent shall have such security interests, rights and obligations with respect to the Prepayment Treasury Consideration as the Holder of Normal Units and the Collateral Agent it had in respect of the Notes, as the case may be, subject to the Pledge thereof Pledged Notes as provided in Articles II, III, IV, V and VI of the Pledge AgreementVI, and any reference herein or in the Certificates to the Note Notes shall be deemed to be reference to such Prepayment Treasury Consideration, and any reference herein to interest on the Notes shall be deemed to be a reference to corresponding distributions on such Prepayment Treasury Consideration. The Company may cause to be made in any Normal Unit Certificates thereafter to be issued such change in phraseology and form (but not in substance) as may be appropriate to reflect the substitution of the Prepayment Treasury Consideration for Notes as collateral.