Common use of Purchase at the Option of the Holder Upon a Fundamental Change Clause in Contracts

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change occurs at any time, each Holder shall have the right, at such Holder’s option, to require the Company to purchase any or all of the Holder’s Securities, or any portion of the principal amount thereof, that is equal to $1,000 or an integral multiple of $1,000 at a purchase price equal to 100% of the principal amount of the Securities to be purchased plus accrued and unpaid interest, including Additional Interest, if any, to but excluding the Fundament Change Purchase Date (the “Fundamental Change Purchase Price”); provided that, if the Fundamental Change Purchase Date occurs after a Regular Record Date and on or prior to the corresponding interest payment date, the Company shall pay accrued and unpaid interest plus Additional Interest, if any, to but excluding the Fundamental Change Purchase Date to the record Holder on the Regular Record Date corresponding to such interest payment date and the Fundamental Change repurchase price payable to the Holder who presents the Security for repurchase will be 100% of the principal amount of such Security. The Fundamental Change Purchase Date shall be a date specified by the Company no later than the 35th calendar day following the date of the Company Notice delivered in connection with such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 10.02(d)) (the “Fundamental Change Purchase Date”). Any Securities purchased by the Company shall be paid for in cash.

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change occurs shall occur at any time, each Holder shall have the right, at such Holder’s option, to require the Company to purchase any or all of the such Holder’s Securities, or any portion Securities on a date specified by the Company that is no later than the 35th calendar day after the date of the principal amount thereofCompany Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, that is equal to $1,000 or an integral multiple of $1,000 as provided in Section 11.03(d)) (the “Fundamental Change Purchase Date”). The Company shall purchase such Securities at a purchase price (the “Fundamental Change Purchase Price”), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be purchased plus accrued and unpaid interest, including any Additional Interest, if any, to but excluding the Fundament Change Purchase Date (the “Fundamental Change Purchase Price”); provided that, if the Fundamental Change Purchase Date occurs after a Regular Record Date and on or prior to the corresponding interest payment date, the Company shall pay accrued and unpaid interest plus Additional Interest, if any, to but excluding the Fundamental Change Purchase Date, unless the Fundamental Change Purchase Date to the record Holder on the is between a Regular Record Date corresponding and the Interest Payment Date to such interest payment date and which it relates, in which case the Fundamental Change repurchase price payable to the Holder who presents the Security for repurchase will be Purchase Price shall equal 100% of the principal amount of such Security. The Fundamental Change Purchase Date shall Securities to be a date specified by the Company no later than the 35th calendar day following the date of the Company Notice delivered in connection with such Fundamental Change (subject to extension to comply with applicable lawpurchased and accrued and unpaid interest, as provided in Section 10.02(d)) (the “Fundamental Change Purchase Date”). Any Securities purchased by the Company including Additional Interest, shall be paid for in cashto the Holder of record on the Regular Record Date.

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change occurs at any time, each Holder shall have the right, at such Holder’s 's option, to require the Company to purchase any or all of the Holder’s 's Securities, or any portion of the principal amount thereof, that is equal to $1,000 or an integral a multiple of $1,000 at a purchase price equal to 100% of the principal amount of the Securities to be purchased plus accrued and unpaid interest, including Additional Interest, if any, to but excluding the Fundament Change Purchase Date (the “"Fundamental Change Purchase Price”"); provided that, if the Fundamental Change Purchase Date occurs after a Regular Record Date and on or prior to the corresponding interest payment date, the Company shall pay accrued and unpaid interest plus Additional Interest, if any, to but excluding the Fundamental Change Purchase Date to the record Holder on the Regular Record Date corresponding to such interest payment date and the Fundamental Change repurchase price payable to the Holder who presents the Security for repurchase will be 100% of the principal amount of such Security. The Fundamental Change Purchase Date shall be a date specified by the Company no later than the 35th calendar day following the date of the Company Notice delivered in connection with such Fundamental Change notice (subject to extension to comply with applicable law, as provided in Section 10.02(d)) (the “"Fundamental Change Purchase Date”"). Any Securities purchased by the Company shall be paid for in cash.

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change occurs shall occur at any time, each Holder shall have the right, at such Holder’s option, to require the Company to purchase any or all of the such Holder’s Securities, or any portion of the principal amount thereof, that is equal to $1,000 or an integral multiple of $1,000 at a purchase price equal to 100% of the principal amount of the Securities to be purchased plus accrued and unpaid interest, including Additional Interest, if any, to but excluding the Fundament Change Purchase Date (the “Fundamental Change Purchase Price”); provided that, if the Fundamental Change Purchase Date occurs after a Regular Record Date and Notes on or prior to the corresponding interest payment date, the Company shall pay accrued and unpaid interest plus Additional Interest, if any, to but excluding the Fundamental Change Purchase Date to the record Holder on the Regular Record Date corresponding to such interest payment date and the Fundamental Change repurchase price payable to the Holder who presents the Security for repurchase will be 100% of the principal amount of such Security. The Fundamental Change Purchase Date shall be a date specified by the Company that is no later than the 35th calendar day following after the date of the Company Notice delivered in connection with of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 10.02(d10.03(d)) (the “Fundamental Change Purchase Date”). Any Securities purchased by The Company shall purchase such Notes at a price (the Company “Fundamental Change Purchase Price”), which shall be paid for in cash, equal to 100% of the Accreted Principal Amount of the Notes to be purchased plus accrued and unpaid interest on the Original Principal Amount of the Notes to be purchased to but excluding the Fundamental Change Purchase Date, unless the Fundamental Change Purchase Date is between a Regular Record Date and the Interest Payment Date to which it relates, in which case the Fundamental Change Purchase Price shall equal 100% of the Accreted Principal Amount of Notes to be purchased and accrued and unpaid interest on the Original Principal Amount of the Notes to be purchased shall be paid to the Holder of record on the Regular Record Date.

Purchase at the Option of the Holder Upon a Fundamental Change. (a) If a Fundamental Change occurs at any time, each Holder shall have the right, at such Holder’s option, to require the Company to purchase for cash any or all of the Holder’s Securities, or any portion of the principal amount thereof, that is equal to $1,000 or an integral multiple of $1,000 at a purchase price equal to 100% of the principal amount of the Securities to be purchased plus accrued and unpaid interest, including Additional Interest, if any, to but excluding the Fundament Change Purchase Date (the “Fundamental Change Purchase Price”); provided that, if the Fundamental Change Purchase Date occurs after a Regular Record Date and on or prior to the corresponding interest payment date, the Company shall pay accrued and unpaid interest plus Additional Interest, if any, to but excluding the Fundamental Change Purchase Date to the record Holder on the Regular Record Date corresponding to such interest payment date and the Fundamental Change repurchase price payable to the Holder who presents the Security for repurchase will be 100% of the principal amount of such Security. The Fundamental Change Purchase Date shall be a date specified by the Company that is no later than the 35th calendar day following the date of the Company Notice delivered in connection with such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 10.02(d8.02(d)) (the “Fundamental Change Purchase Date”). Any Securities purchased by the Company shall be paid for in cash.

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change occurs shall occur at any time, each Holder shall have the right, at such Holder’s option, to require the Company to purchase any or all of the such Holder’s Securities, or any portion Securities on a date specified by the Company that is no later than the 35th calendar day after the date of the principal amount thereofCompany Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, that is equal to $1,000 or an integral multiple of $1,000 as provided in Section 8.03(d)) (the “Fundamental Change Purchase Date”). The Company shall purchase such Securities at a purchase price (the “Fundamental Change Purchase Price”), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be purchased plus accrued and unpaid interest, including any Contingent Interest and Additional Interest, if any, to but excluding the Fundament Change Purchase Date (the “Fundamental Change Purchase Price”); provided that, if the Fundamental Change Purchase Date occurs after a Regular Record Date and on or prior to the corresponding interest payment date, the Company shall pay accrued and unpaid interest plus Additional Interest, if any, to but excluding the Fundamental Change Purchase Date, unless the Fundamental Change Purchase Date to the record Holder on the is between a Regular Record Date corresponding and the Interest Payment Date to such interest payment date and which it relates, in which case the Fundamental Change repurchase price payable to the Holder who presents the Security for repurchase will be Purchase Price shall equal 100% of the principal amount of such Security. The Fundamental Change Purchase Date shall Securities to be a date specified by the Company no later than the 35th calendar day following the date of the Company Notice delivered in connection with such Fundamental Change (subject to extension to comply with applicable lawpurchased, as provided in Section 10.02(d)) (the “Fundamental Change Purchase Date”). Any Securities purchased by the Company and accrued and unpaid interest, including Contingent Interest and Additional Interest, if any, shall be paid for in cashto the Holder of record on the Regular Record Date.

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change occurs at any time, each Holder shall have the right, at such Holder’s option, to require the Company to purchase any or all of the Holder’s Securities, or any portion of the principal amount thereof, that is equal to $1,000 or an integral multiple of $1,000 at a purchase price equal to 100% of the principal amount of the Securities to be purchased plus accrued and unpaid interest, including Additional Interest, if any, to but excluding the Fundament Change Purchase Date (the “Fundamental Change Purchase Price”); provided that, if the Fundamental Change Purchase Date occurs after a Regular Record Date and on or prior to the corresponding interest payment date, the Company shall pay accrued and unpaid interest plus Additional Interest, if any, to but excluding the Fundamental Change Purchase Date to the record Holder on the Regular Record Date corresponding to such interest payment date and the Fundamental Change repurchase price payable to the Holder who presents the Security for repurchase will be 100% of the principal amount of such Security. The Fundamental Change Purchase Date shall be a date specified by the Company no later than the 35th calendar day following the date of the Company Notice delivered in connection with such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 10.02(d)) (the “Fundamental Change Purchase Date”). Any Securities purchased by the Company shall be paid for in cash.cash 45

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change occurs shall occur at any time, each Holder shall have the right, at such Holder’s option, to require the Company to purchase any or all of the such Holder’s SecuritiesSecurities on a date specified by the Company that is no later than 35 calendar days after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, or any portion as provided in Section 11.03(d)) (the “Fundamental Change Purchase Date”). The Securities shall be repurchased in multiples of $1,000 of the principal amount thereof, that is equal to $1,000 or an integral multiple of $1,000 amount. The Company shall purchase such Securities at a purchase price (the “Fundamental Change Purchase Price”), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be purchased plus accrued and unpaid interest, including any Additional Interest and Reporting Interest, if any, to but excluding the Fundament Change Purchase Date (the “Fundamental Change Purchase Price”); provided that, if the Fundamental Change Purchase Date occurs after a Regular Record Date and on or prior to the corresponding interest payment date, the Company shall pay accrued and unpaid interest plus Additional Interest, if any, to but excluding the Fundamental Change Purchase Date, unless the Fundamental Change Purchase Date to the record Holder on the is between a Regular Record Date corresponding to such and the interest payment date and to which it relates, in which case the Fundamental Change repurchase price payable to the Holder who presents the Security for repurchase will be Purchase Price shall equal 100% of the principal amount of such Security. The Fundamental Change Purchase Date shall Securities to be a date specified by the Company no later than the 35th calendar day following the date of the Company Notice delivered in connection with such Fundamental Change (subject to extension to comply with applicable lawpurchased, as provided in Section 10.02(d)) (the “Fundamental Change Purchase Date”). Any Securities purchased by the Company and accrued and unpaid interest, including Additional Interest and Reporting Interest, shall be paid for in cashto the Holder of record on the Regular Record Date.