Common use of PURCHASE AT OPTION OF HOLDER Clause in Contracts

PURCHASE AT OPTION OF HOLDER. Subject to the terms and conditions of the Indenture, the Company shall become obligated to purchase, at the option of the Holder, all or any portion of the Securities held by such Holder on July 15, 2008, July 15, 2013 and July 15, 2018 (each a “Purchase Date”) at the Purchase Price (provided that, if the Purchase Date is on or after an interest record date but on or prior to the related Interest Payment Date, interest shall be payable to the Holders in whose names the Securities are registered at the close of business on the relevant record date) upon delivery of a Purchase Notice (that is not subsequently withdrawn) containing the information set forth in the Indenture, at any time from the opening of business on the date that is 20 Business Days prior to such Purchase Date until the close of business on the fifth Business Day prior to such Purchase Date, and upon delivery of the Securities to the Paying Agent by the Holder as set forth in the Indenture. The Purchase Price may be paid, at the option of the Company, in cash or by the delivery of Common Stock, or any combination thereof, in the manner described in Section 4.01 of the Indenture. Holders have the right to withdraw any Purchase Notice by delivering to the Paying Agent a written notice of withdrawal in accordance with the provisions of the Indenture. If cash or securities sufficient to pay the Purchase Price of a Security or portion thereof to be purchased as of the Purchase Date are deposited with the Paying Agent on the Business Day following the Purchase Date, then, immediately after the Purchase Date, such Security shall cease to be outstanding and interest on such Security shall cease to accrue, whether or not book-entry transfer is made or such Security is delivered to the Paying Agent. Thereafter, the Holder of such Security shall have no other rights other than the right to receive the Purchase Price upon surrender of such Security. If a Change of Control occurs, each Holder shall have the right, at the Holder’s option, to require the Company to purchase all of such Holder’s Securities, or any portion thereof that is an integral multiple of $1,000 principal amount, on the Change of Control Purchase Date selected by the Company that is not less than 10 nor more than 30 days after the Final Surrender Date (as defined below), at the Change of Control Purchase Price, which Change of Control Purchase Price shall be paid in cash. Unless the Company shall have theretofore called for redemption all the outstanding Securities, on or before the 30th day after the occurrence of a Change of Control, the Company is obligated to mail or cause the Trustee to mail to all Holders of record of the Securities a Change of Control Company Notice describing, among other things, the occurrence of such Change of Control and of the purchase right arising as a result thereof. The Company must deliver a copy of the Change of Control Company Notice to the Trustee and cause a copy of such notice to be published in a newspaper of general circulation in the Borough of Manhattan, The City of New York. To exercise the purchase option, a Holder of Securities must surrender, on or before the date which, subject to any contrary requirements of applicable law, is 60 days after the date of mailing of the Change of Control Company Notice (the “Final Surrender Date”), the Securities with respect to which the right is being exercised, which, in the case of Certificated Securities, must be duly endorsed for transfer to the Company.

PURCHASE AT OPTION OF HOLDER. Subject to the terms and conditions of the Indenture, the Company shall become obligated to purchase, at the option of the Holder, all or any portion of the Securities held by such Holder Holder, in any integral multiple of $1,000, on July 15, 2008, July 15, 15 annually from 2007 to 2013 and on July 15, 2018 (each each, a “Purchase Date”) at a purchase price per Security equal to 100% of the aggregate principal amount of the Security (the “Purchase Price (provided thatPrice”), together with accrued and unpaid interest, if any, up to but not including the Purchase Date is on or after an interest record date but on or prior to the related Interest Payment Date, interest shall be payable to the Holders in whose names the Securities are registered at the close of business on the relevant record date) upon delivery of a Purchase Notice (that is not subsequently withdrawn) containing the information set forth in the Indenture, at any time from the opening of business on the date that is 20 Business Days prior to such Purchase Date until the close of business on the fifth Business Day prior to such Purchase Date, and upon delivery of the Securities to the Paying Agent by the Holder as set forth in the Indenture. The Purchase Price may be paid, at the option of the Company, in cash or by the delivery of Common Stock, or any combination thereof, in the manner described in Section 4.01 of the Indenture. Holders have the right to withdraw any Purchase Notice by delivering to the Paying Agent a written notice of withdrawal in accordance with the provisions of the Indenture. If cash or securities sufficient to pay the Purchase Price of a Security or portion thereof to be purchased as of the Purchase Date are deposited with the Paying Agent on the Business Day following the Purchase Date, then, immediately after the Purchase Date, such Security shall cease to be outstanding and interest on such Security shall cease to accrue, whether or not book-entry transfer is made or such Security is delivered to the Paying Agent. Thereafter, the Holder of such Security shall have no other rights other than the right to receive the Purchase Price upon surrender of such Security. If a Change of Control (as defined below) occurs, each Holder of Securities shall have the right, at the Holder’s option, to require the Company to purchase repurchase all of such Holder’s Securities, or any portion thereof that is an integral multiple of $1,000 principal amount1,000, on the date (the “Change of Control Purchase Date Date”) selected by the Company that is not less than 10 nor more than 30 days after the Final Surrender Date (as defined below), at a price equal to 100% of the principal amount thereof, plus accrued and unpaid interest, if any, to the Change of Control Purchase Price, which Date (the “Change of Control Purchase Price shall be paid in cashPrice”). Unless the Company shall have theretofore called for redemption all the outstanding Securities, on or before the 30th day after the occurrence of a Change of Control, the Company is obligated to shall mail or cause the Trustee to mail to all Holders of record of the Securities a Change of Control notice (the “Company Notice Notice”) describing, among other things, the occurrence of such Change of Control and of the purchase repurchase right arising as a result thereofthereof as well as the Final Surrender Date and the Repurchase Date. The Company must deliver a copy of the Change of Control Company Notice to the Trustee and cause a copy of such notice to be published in a newspaper of general circulation in the Borough of Manhattan, The City of New YorkYork which newspaper shall be The Wall Street Journal. To exercise the purchase optionrepurchase right, a Holder of Securities must surrender, on or before the date which, subject to any contrary requirements of applicable law, is 60 days after the date of mailing of the Change of Control Company Notice (the “Final Surrender Date”), ) the Securities with respect to which the right is being exercised, which, in the case of Certificated definitive Securities, must be duly endorsed for transfer to the Company.

PURCHASE AT OPTION OF HOLDER. Subject to the terms and conditions of the Indenture, the Company shall become obligated to purchase, at the option of the Holder, all or any portion of the Securities held by such Holder Holder, in any integral multiple of $1,000, on July November 15, 20082006, July November 15, 2013 2011 and July November 15, 2018 2016 (each each, a “"Purchase Date”") at a purchase price per Security equal to 100% of the Purchase Price (provided thatprincipal amount of the Security, if plus accrued and unpaid interest to, but not including, the Purchase Date is on or after an interest record date but on or prior to (the related Interest Payment Date, interest shall be payable to the Holders in whose names the Securities are registered at the close of business on the relevant record date"Purchase Price") upon delivery of a Purchase Notice (that is not subsequently withdrawn) containing the information set forth in the Indenture, at any time from the opening of business on the date that is 20 Business Days prior to such Purchase Date until the close of business on the fifth Business Day prior to such Purchase Date, and upon delivery of the Securities to the Paying Agent by the Holder as set forth in the Indenture. The ; provided, however, that, if the Purchase Price may Date is on or after a record date but on or prior to the related interest payment date, interest will be paid, payable to the Holders in whose names the Securities are registered at the option close of business on the Company, in cash or by the delivery of Common Stock, or any combination thereof, in the manner described in Section 4.01 of the Indenturerelevant record date. Holders have the right to withdraw any Purchase Notice by delivering to the Paying Agent a written notice of withdrawal in accordance with the provisions of the Indenture. If cash or securities sufficient to pay the Purchase Price of a Security all Securities or portion portions thereof to be purchased as of the Purchase Date are is deposited with the Paying Agent on the Business Day following the Purchase Date, then, immediately after the Purchase Date, such Security shall cease to be outstanding and interest on such Security shall cease to accrue, whether or not book-entry transfer is made or such Security is delivered to the Paying Agent. Thereafter, the Holder of such Security thereof shall have no other rights other than the right to receive the Purchase Price upon surrender of such Security. If a Change of Control occurs, each Holder of Securities shall have the right, at the Holder’s 's option, to require the Company to purchase repurchase all of such Holder’s 's Securities, or any portion thereof that is an integral multiple of $1,000 principal amount1,000, on the date (the "Change of Control Purchase Date Date") selected by the Company that is not less than 10 nor more than 30 days after the Final Surrender Date (as defined below)Date, at a price equal to 100% of the principal amount thereof plus accrued and unpaid interest to, but not including, the Change of Control Purchase Price, which Date (the "Change of Control Purchase Price shall Price"); provided, however, that, if the Change of Control Purchase Date is on or after a record date but on or prior to the related interest payment date, interest will be paid payable to the Holders in cashwhose names the Securities are registered at the close of business on the relevant record date. Unless the Company shall have theretofore called for redemption all the outstanding Securities, on or before the 30th day after the occurrence of a Change of Control, the Company is obligated to mail or cause the Trustee to mail to all Holders of record of the Securities a notice (the "Change of Control Company Notice Notice") describing, among other things, the occurrence of such Change of Control and of the purchase repurchase right arising as a result thereof. The Company must deliver a copy of the Change of Control Company Notice to the Trustee and cause a copy of such notice to be published in a newspaper of general circulation in the Borough of Manhattan, The City of New York. To exercise the purchase optionrepurchase right, a Holder of Securities must surrender, on or before the date which, subject to any contrary requirements of applicable law, is 60 days after the date of mailing of the Change of Control Company Notice (the “"Final Surrender Date”), ") the Securities with respect to which the right is being exercised, which, in the case of Certificated definitive Securities, must be duly endorsed for transfer to the Company.

PURCHASE AT OPTION OF HOLDER. Subject to the terms and conditions of the Indenture, the Company shall become obligated to purchase, at the option of the Holder, all or any portion of the Securities held by such Holder on July 15, 2008, July 15, 2013 and July 15, 2018 (each a “Purchase Date”) at the Purchase Price (provided that, if the Purchase Date is on or after an interest record date but on or prior to the related Interest Payment Date, interest shall be payable to the Holders in whose names the Securities are registered at the close of business on the relevant record date) upon delivery of a Purchase Notice (that is not subsequently withdrawn) containing the information set forth in the Indenture, at any time from the opening of business on the date that is 20 Business Days prior to such Purchase Date until the close of business on the fifth Business Day prior to such Purchase Date, and upon delivery of the Securities to the Paying Agent by the Holder as set forth in the Indenture. The Purchase Price may be paid, at the option of the Company, in cash or by the delivery of Common Stock, or any combination thereof, in the manner described in Section 4.01 of the Indenture. Holders have the right to withdraw any Purchase Notice by delivering to the Paying Agent a written notice of withdrawal in accordance with the provisions of the Indenture. If cash or securities sufficient to pay the Purchase Price of a Security or portion thereof to be purchased as of the Purchase Date are deposited with the Paying Agent on the Business Day following the Purchase Date, then, immediately after the Purchase Date, such Security shall cease to be outstanding and interest on such Security shall cease to accrue, whether or not book-entry transfer is made or such Security is delivered to the Paying Agent. Thereafter, the Holder of such Security shall have no other rights other than the right to receive the Purchase Price upon surrender of such Security. If a Change of Control occurs, each Holder shall have the right, at the Holder’s option, to require the Company to purchase all of such Holder’s Securities, or any portion thereof that is an integral multiple of $1,000 principal amount, amount on the Change of Control Purchase Date selected by the Company that is not less than 10 nor more than 30 days after the Final Surrender Date (as defined below), at the Change of Control Purchase Price, which Change of Control Purchase Price shall be paid in cash. Unless the Company shall have theretofore called for redemption all the outstanding Securities, on or before the 30th day after the occurrence of a Change of Control, the Company is obligated to mail or cause the Trustee to mail to all Holders of record of the Securities a Change of Control Company Notice describing, among other things, the occurrence of such Change of Control and of the purchase right arising as a result thereof. The Company must deliver a copy of the Change of Control Company Notice to the Trustee and cause a copy of such notice to be published in a newspaper of general circulation in the Borough of Manhattan, The City of New York. To exercise the purchase option, a Holder of Securities must surrender, on or before the date which, subject to any contrary requirements of applicable law, is 60 days after the date of mailing of the Change of Control Company Notice (the “Final Surrender Date”), the Securities with respect to which the right is being exercised, which, in the case of Certificated Securities, must be duly endorsed for transfer to the Company.

PURCHASE AT OPTION OF HOLDER. Subject to the terms and conditions of the Indenture, the Company shall become obligated to purchase, at the option of the Holder, all or any portion of the Securities held by such Holder Holder, in any integral multiple of $1,000, on July 151, 20082010, July 151, 2013 and July 151, 2018 (each each, a “"Purchase Date”") at a purchase price per Security equal to 100% of the aggregate principal amount of the Security (the "Purchase Price"), together with accrued and unpaid interest up to but not including the Purchase Price Date (provided that, if the Purchase Date is on or after an interest record date but on or prior to the related Interest Payment Dateinterest payment date, interest shall will be payable to the Holders in whose names the Securities are registered at the close of business on the relevant record date) upon delivery of a Purchase Notice (that is not subsequently withdrawn) containing the information set forth in the Indenture, at any time from the opening of business on the date that is 20 Business Days prior to such Purchase Date until the close of business on the fifth Business Day prior to such Purchase Date, and upon delivery of the Securities to the Paying Agent by the Holder as set forth in the Indenture. The Purchase Price may be paid, at the option of the Company, in cash or by the delivery of Common Stock, or any combination thereof, in the manner described in Section 4.01 of the Indenture. Holders have the right to withdraw any Purchase Notice by delivering to the Paying Agent a written notice of withdrawal in accordance with the provisions of the Indenture. If cash or securities sufficient to pay the Purchase Price of a Security and accrued and unpaid interest on, all Securities or portion portions thereof to be purchased as of the Purchase Date are is deposited with the Paying Agent on or before the Business Day following the Purchase Date, then, immediately after the Purchase Date, such Security shall cease to be outstanding and interest on such Security shall cease to accrue, whether or not book-entry transfer is made or such Security is delivered to the Paying Agent. Thereafter, the Holder of such Security holder thereof shall have no other rights other than the right to receive the Purchase Price Price, together with accrued and unpaid interest up to but not including the Purchase Date, upon surrender of such Security. If a Fundamental Change of Control (as defined below) occurs, each Holder holder of Securities shall have the right, at the Holder’s holder's option, to require the Company to purchase repurchase all of such Holder’s holder's Securities, or any portion thereof that is an integral multiple of $1,000 principal amount1,000, on the date (the "Fundamental Change of Control Purchase Date Date") selected by the Company that is not less than 10 nor more than 30 days after the Final Surrender Date (as defined below), at a price equal to 100% of the principal amount thereof, plus accrued interest to the Fundamental Change of Control Purchase Date (the "Fundamental Change Purchase Price, which Change of Control Purchase Price shall be paid in cash"). Unless the Company shall have theretofore called for redemption all the outstanding Securities, on or before the 30th day after the occurrence of a Change of ControlFundamental Change, the Company is obligated to mail or cause the Trustee to mail to all Holders holders of record of the Securities a Change of Control notice (the "Company Notice Notice") describing, among other things, the occurrence of such Fundamental Change of Control and of the purchase repurchase right arising as a result thereof. The Company must deliver a copy of the Change of Control Company Notice to the Trustee and cause a copy of such notice to be published in a newspaper of general circulation in the Borough of Manhattan, The City of New York. To exercise the purchase optionrepurchase right, a Holder holder of Securities must surrender, on or before the date which, subject to any contrary requirements of applicable law, is 60 days after the date of mailing of the Change of Control Company Notice (the “"Final Surrender Date”), ") the Securities with respect to which the right is being exercised, which, in the case of Certificated definitive Securities, must be duly endorsed for transfer to the Company.