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

Repurchase at Option of Holder Upon a Fundamental Change. Subject to the terms and conditions of the Indenture, in the event of a Fundamental Change, each Holder of the Securities shall have the right, at the Holder’s option, to require the Company to repurchase such Holder’s Securities including any portion thereof which is $1,000 in principal amount or any integral multiple thereof on a date selected by the Company (the “Fundamental Change Repurchase Date”), which date is no later than thirty five (35) days, nor earlier than twenty (20) days, after the date on which notice of such Fundamental Change is mailed in accordance with the Indenture, at a price payable in cash equal to one hundred percent (100%) of the principal amount of such Security, plus accrued and unpaid interest to, but excluding, the Fundamental Change Repurchase Date; provided, however, that if such Fundamental Change Repurchase Date is after a record date for the payment of an installment of interest and on or before the related interest payment date, then the accrued and unpaid interest, if any, to, but excluding, such interest payment date will be paid on such interest payment date to the Holder of record of such Securities at the close of business on such record date, and the Holder surrendering such Securities for repurchase will not be entitled to any such accrued and unpaid interest unless such Holder was also the Holder of record of such Securities at the close of business on such record date.

Repurchase at Option of Holder Upon a Fundamental Change. Subject to the terms and conditions of the Indenture, in the event of a Fundamental Change, each Holder of the Securities shall have the right, at the Holder’s option, to require the Company to repurchase such Holder’s Securities including any portion thereof which is $1,000 in principal amount or any integral multiple thereof on a date selected by the Company (the “Fundamental Change Repurchase Date”), which date is no later than thirty five (35) days, nor earlier than twenty (20) days, after the date on which notice of such Fundamental Change is mailed in accordance with the Indenture, at a price payable in cash equal to one hundred percent (100%) of the principal amount of such Security, plus accrued and unpaid interest to, but excluding, the Fundamental Change Repurchase DateDate (the “Fundamental Change Repurchase Price”); provided, however, that if such Fundamental Change Repurchase Date is after a record date Record Date for the payment of an installment of interest and on or before the related interest payment dateInterest Payment Date, then the full amount of accrued and unpaid interest, if any, to, but excluding, such interest payment date Interest Payment Date will be paid on such interest payment date Interest Payment Date to the Holder of record of such Securities at the close of business on such record dateRecord Date (without any surrender of such Securities by such Holder), and the Holder surrendering such Securities for repurchase will Fundamental Change Repurchase Price shall not be entitled to include any such accrued and but unpaid interest unless such Holder was also the Holder of record of such Securities at the close of business on such record dateinterest.

Repurchase at Option of Holder Upon a Fundamental Change. Subject to the terms and conditions of the Indenture, in the event of a Fundamental Change, each Holder of the Securities Notes shall have the right, at the Holder’s option, to require the Company to repurchase such Holder’s Securities Notes including any portion thereof which is $1,000 in principal amount or any integral multiple thereof on a date selected by the Company (the “Fundamental Change Repurchase Date”), which date is no later than thirty thirty-five (35) days, nor earlier than twenty (20) days, after the date on which notice of such Fundamental Change is mailed in accordance with the Indenture, at a price payable in cash equal to one hundred percent (100%) of the principal amount of such SecurityNote, plus accrued and unpaid interest to, but excluding, the Fundamental Change Repurchase Date; provided, however, that if such Fundamental Change Repurchase Date is after a record date for the payment of an installment of interest and on or before the related interest payment dateInterest Payment Date, then the accrued and unpaid interest, if any, to, but excluding, such interest payment date Interest Payment Date will be paid on such interest payment date Interest Payment Date to the Holder of record of such Securities Notes at the close of business on such record date, and the Holder surrendering such Securities Notes for repurchase will not be entitled to any such accrued and unpaid interest unless such Holder was also the Holder of record of such Securities Notes at the close of business on such record date.

Repurchase at Option of Holder Upon a Fundamental Change. Subject to the terms and conditions of the Indenture, in the event of if there shall occur a Fundamental ChangeChange at any time prior to the Maturity Date, then each Holder of the Securities Noteholder shall have the right, at the Holdersuch holder’s option, to require the Company to repurchase for cash all of such Holderholder’s Securities including Notes, or any portion thereof which that is an integral multiple of $1,000 in principal amount or any integral multiple thereof amount, on a the date selected by the Company (the “Fundamental Change Repurchase Date”), which date ) specified by the Company that is no later than thirty five (35) days, nor earlier not less than twenty (20) days, Business Days and not more than forty-five Business Days after the date on which notice of such the Fundamental Change is mailed in accordance with the Indenture, Company Notice at a repurchase price payable in cash equal to one hundred percent (100%) % of the principal amount of such Securitythereof, plus together with accrued and unpaid interest interest, including accrued and unpaid Contingent Interest, if any, and accrued and unpaid Additional Interest, if any, thereon to, but excluding, the Fundamental Change Repurchase Date; providedDate (the “Fundamental Change Repurchase Price”), however, that if such unless the Fundamental Change Repurchase Date is after a record date for the payment of an installment of interest Interest Record Date and on or before prior to the related Interest Payment Date, in which case interest payment date, then accrued to the accrued and unpaid interest, if any, to, but excluding, such interest payment date Interest Payment Date will be paid on to holders of the Notes as of such interest payment date Interest Record Date and the Fundamental Change Repurchase Price payable to the Holder of record of such Securities at holder surrendering the close of business on such record date, and the Holder surrendering such Securities Note for repurchase will not pursuant to this paragraph 9 shall be entitled equal to any such accrued and unpaid interest unless such Holder was also 100% the Holder principal amount of record of such Securities at the close of business on such record dateNotes subject to repurchase.

Repurchase at Option of Holder Upon a Fundamental Change. Subject to the terms and conditions of the Indenture, in the event of a Fundamental Change, each Holder of the Securities shall have the right, at the Holder’s 's option, to require the Company to repurchase such Holder’s 's Securities including any portion thereof which is $1,000 in principal amount or any integral multiple thereof on a date selected by the Company (the “Fundamental Change Repurchase Date”"FUNDAMENTAL CHANGE REPURCHASE DATE"), which date is no later than thirty five (35) days, nor earlier than twenty (20) days, after the date on which notice of such Fundamental Change is mailed in accordance with the Indenture, at a price payable in cash equal to one hundred percent (100%) of the principal amount of such Security, plus accrued and unpaid interest to, but excluding, the Fundamental Change Repurchase Date; provided, however, that if such Fundamental Change Repurchase Date is after a record date for the payment of an installment of interest and on or before the related interest payment date, then the accrued and unpaid interest, if any, to, but excluding, such interest payment date will be paid on such interest payment date to the Holder of record of such Securities at the close of business on such record date, and the Holder surrendering such Securities for repurchase will not be entitled to any such accrued and unpaid interest unless such Holder was also the Holder of record of such Securities at the close of business on such record date.

Repurchase at Option of Holder Upon a Fundamental Change. Subject to the terms and conditions of the Indenture, in the event of (a) If a Fundamental ChangeChange occurs, each Holder of the Securities shall have the right, at the Holder’s option, right to require the Company Issuer to repurchase purchase for cash (a “Fundamental Change Repurchase Right”) all or any portion of such Holder’s Securities including any portion thereof which that is equal to $1,000 in principal amount 1,000, or any an integral multiple thereof of $1,000, on a date selected by the Company day of the Issuer’s choosing that is not less than 20 or more than 35 Business Days after the occurrence of such Fundamental Change (such day, the “Fundamental Change Repurchase Date”), which date is no later than thirty five ) at a purchase price (35) days, nor earlier than twenty (20) days, after the date on which notice of such “Fundamental Change is mailed in accordance with the Indenture, at a price payable in cash Repurchase Price”) equal to one hundred percent (100%) % of the principal amount of such Securitythe Securities to be purchased, plus accrued and unpaid interest to, but excluding, the Fundamental Change Repurchase Date; provided, however, that if such Date (unless the Fundamental Change Repurchase Date is after a record date for the payment of an installment of interest Regular Record Date and on or before prior to the related Interest Payment Date to which it relates, in which case interest payment date, then the accrued and unpaid interest, if any, to, but excluding, such interest payment date will the Interest Payment Date shall be paid on to the Holders of such interest payment date Securities as of the preceding Regular Record Date, and the price the Issuer is required to pay to the Holder of record of such Securities at surrendering the close of business on such record date, and the Holder surrendering such Securities for repurchase will purchase shall be equal to 100% of the principal amount of Securities subject to purchase and shall not be entitled to include any such accrued and unpaid interest unless such Holder was also the Holder of record of such Securities at the close of business on such record dateinterest).

Repurchase at Option of Holder Upon a Fundamental Change. Subject to the terms and conditions of the Indenture, in the event of (a) If a Fundamental ChangeChange occurs, each Holder of the Securities shall have the rightright (the “Fundamental Change Repurchase Right”), at the such Holder’s option, to require the Company to repurchase (a “Repurchase Upon Fundamental Change”) all of such Holder’s Securities including any portion (or portions thereof which is that are integral multiples of $1,000 in principal amount or any integral multiple thereof amount), on a date selected by the Company (the “Fundamental Change Repurchase Date”), which date is shall be no later than thirty five (35) days35 Business Days, nor and no earlier than twenty (20) days20 Business Days, after the date on which notice of such the Fundamental Change Notice is mailed in accordance with the IndentureSection 3.02(b), at a price price, payable in cash cash, equal to one hundred percent (100%) % of the principal amount of such Securitythe Securities (or portions thereof) to be so repurchased, plus accrued and unpaid interest interest, if any, to, but excluding, the Fundamental Change Repurchase Date; Date (the “Fundamental Change Repurchase Price”), provided, however, that if such Fundamental Change Repurchase Date is after a record date Regular Record Date for the payment of an installment of interest and on or before the related interest payment dateInterest Payment Date, then the full amount of accrued and unpaid interest, if any, to, but excluding, such interest payment date will Interest Payment Date shall be paid on such interest payment date Interest Payment Date to the Holder of record of such Securities at the close of business 5:00 p.m., New York City time, on such record dateRegular Record Date (without any surrender of such Securities by such Holder), and the Holder surrendering such Securities for repurchase will Fundamental Change Repurchase Price shall not be entitled to include any such accrued and but unpaid interest unless such Holder was also the Holder of record of such Securities at the close of business on such record date.interest, upon:

Repurchase at Option of Holder Upon a Fundamental Change. Subject to the terms and conditions of the Indenture, in the event of a Fundamental Change, each Holder of the Securities shall have the right, at the Holder’s option, to require the Company Issuer to repurchase such Holder’s Securities including Securities, or any portion thereof which that is $1,000 in principal amount or any integral multiple thereof thereof, on a date selected by the Company Issuer (the “Fundamental Change Repurchase Date”), which date is no later than thirty thirty-five (35) days, nor earlier than twenty (20) days, after the date on which notice of such Fundamental Change is mailed in accordance with the Indenture, at a price payable in cash equal to one hundred percent (100%) of the principal amount of such Security, plus accrued and unpaid interest to, but excluding, the Fundamental Change Repurchase DateDate (the “Fundamental Change Repurchase Price”); provided, however, that if such Fundamental Change Repurchase Date is after a record date for the payment of an installment of interest Record Date and on or before the related interest payment dateInterest Payment Date, then the full amount of accrued and unpaid interest, if any, to, but excluding, such interest payment date Interest Payment Date will be paid on such interest payment date Interest Payment Date to the Holder of record of such Securities at the close of business on such record dateRecord Date (without any surrender of such Securities by such Holder), and the Holder surrendering such Securities for repurchase will Fundamental Change Repurchase Price shall not be entitled to include any such accrued and but unpaid interest unless such Holder was also the Holder of record of such Securities at the close of business on such record dateinterest.

Repurchase at Option of Holder Upon a Fundamental Change. Subject to the terms and conditions of the Indenture, in the event of a Fundamental Change, each Holder of the Securities shall have the right, at the Holder’s 's option, to require the Company to repurchase such Holder’s 's Securities including any portion thereof which is $1,000 in principal amount or any integral multiple multiples thereof on a date selected by the Company (the “Fundamental Change Repurchase Date”"FUNDAMENTAL CHANGE REPURCHASE DATE"), which date is no later than thirty five (35) days, nor earlier than twenty (20) days, after the date on which notice of such Fundamental Change is mailed in accordance with the Indenture, at a price payable in cash equal to one hundred percent (100%) of the principal amount of such Security, plus accrued and unpaid interest to, but excluding, the Fundamental Change Repurchase Date; provided, however, that if such Fundamental Change Repurchase Date is after a record date for the payment of an installment of interest and on or before the related interest payment date, then the accrued and unpaid interest, if any, to, but excluding, such interest payment date will be paid on such interest payment date to the Holder of record of such Securities at the close of business on such record date, and the Holder surrendering such Securities for repurchase will not be entitled to any such accrued and unpaid interest unless such Holder was also the Holder of record of such Securities at the close of business on such record date.

Repurchase at Option of Holder Upon a Fundamental Change. Subject to the terms and conditions of the Indenture, in the event of if there shall occur a Fundamental ChangeChange at any time prior to the Maturity Date, then each Holder of the Securities Noteholder shall have the right, at the Holdersuch holder’s option, to require the Company to repurchase for cash all of such Holderholder’s Securities including Notes, or any portion thereof which that is an integral multiple of $1,000 in principal amount or any integral multiple thereof amount, on a the date selected by the Company (the “Fundamental Change Repurchase Date”), which date ) specified by the Company that is no later than thirty five (35) days, nor earlier not less than twenty (20) days, Business Days and not more than forty-five Business Days after the date on which notice of such the Fundamental Change is mailed in accordance with the Indenture, Company Notice at a repurchase price payable in cash equal to one hundred percent (100%) % of the principal amount of such Securitythereof, plus together with accrued and unpaid interest interest, including accrued and unpaid Additional Interest, if any, thereon to, but excluding, the Fundamental Change Repurchase Date; providedDate (the “Fundamental Change Repurchase Price”), however, that if such unless the Fundamental Change Repurchase Date is after a record date for the payment of an installment of interest Interest Record Date and on or before prior to the related Interest Payment Date, in which case interest payment date, then accrued to the accrued and unpaid interest, if any, to, but excluding, such interest payment date Interest Payment Date will be paid on to holders of the Notes as of such interest payment date Interest Record Date and the Fundamental Change Repurchase Price payable to the Holder of record of such Securities at holder surrendering the close of business on such record date, and the Holder surrendering such Securities Note for repurchase will not pursuant to this paragraph 9 shall be entitled equal to any such accrued and unpaid interest unless such Holder was also 100% the Holder principal amount of record of such Securities at the close of business on such record dateNotes subject to repurchase.

Repurchase at Option of Holder Upon a Fundamental Change. Subject to the terms and conditions of the Indenture, in the event of a Fundamental Change, each Holder of the Securities shall have the right, at the Holder’s option, to require the Company to repurchase such Holder’s Securities including any portion thereof which is $1,000 in principal amount or any integral multiple thereof on a date selected by the Company (the “Fundamental Change Repurchase Date”), which date is no later than thirty five (35) days, nor earlier than twenty (20) days, after the date on which notice of such Fundamental Change is mailed in accordance with the Indenture, at a price payable in cash equal to one hundred percent (100%) of the principal amount of such Security, plus accrued and unpaid interest to, but excluding, the Fundamental Change Repurchase Date; provided, however, that if such Fundamental Change Repurchase Date is after a record date Regular Record Date for the payment of an installment of interest and on or before the related interest payment dateInterest Payment Date, then the accrued and unpaid interest, if any, to, but excluding, such interest payment date Interest Payment Date will be paid on such interest payment date Interest Payment Date to the Holder of record of such Securities at the close of business on such record dateRegular Record Date, and the Holder surrendering such Securities for repurchase will not be entitled to any such accrued and unpaid interest unless such Holder was also the Holder of record of such Securities at the close of business on such record dateRegular Record Date.

Repurchase at Option of Holder Upon a Fundamental Change. Subject to the terms and conditions of the Indenture, in the event of a Fundamental Change, each Holder of the Securities shall have the right, at the Holder’s option, to require the Company to repurchase such Holder’s Securities including any portion thereof which is $1,000 2,000 in principal amount or any integral multiple thereof of $1,000 on a date selected by the Company (the “Fundamental Change Repurchase Date”), which date is no later than thirty five (35) days, nor earlier than twenty (20) days, after the date on which notice of such Fundamental Change is mailed in accordance with the Indenture, at a price payable in cash equal to one hundred percent (100%) of the principal amount of such Security, plus accrued and unpaid interest to, but excluding, the Fundamental Change Repurchase DateDate (the “Fundamental Change Repurchase Price”); provided, however, that if such Fundamental Change Repurchase Date is after a record date Record Date for the payment of an installment of interest and on or before the related interest payment dateInterest Payment Date, then the full amount of accrued and unpaid interest, if any, to, but excluding, such interest payment date Interest Payment Date will be paid on such interest payment date Interest Payment Date to the Holder of record of such Securities at the close of business on such record dateRecord Date (without any surrender of such Securities by such Holder), and the Holder surrendering such Securities for repurchase will Fundamental Change Repurchase Price shall not be entitled to include any such accrued and but unpaid interest unless such Holder was also the Holder of record of such Securities at the close of business on such record dateinterest.

Repurchase at Option of Holder Upon a Fundamental Change. Subject to the terms and conditions of the Indenture, in the event of a Fundamental Change, each Holder of the Securities shall have the right, at the Holder’s option, to require the Company to repurchase such Holder’s Securities including any portion thereof which is $1,000 in principal amount or any integral multiple thereof on a date selected by the Company (the “Fundamental Change Repurchase Date”), which date is no later than thirty five (35) days, nor earlier than twenty (20) days, after the date on which notice of such Fundamental Change is mailed in accordance with the Indenture, at a price payable in cash equal to one hundred percent (100%) of the principal amount of such Security, plus accrued and unpaid interest to, but excluding, the Fundamental Change Repurchase Date; provided, however, that if such Fundamental Change Repurchase Date is after the close of business a record date for the payment of an installment of interest and on or before the related interest payment date, then the accrued and unpaid interest, if any, to, but excluding, such interest payment date will shall be paid on such interest payment date to the Holder of record of such Securities (without any surrender of such Securities by such Holder) at the close of business on such record date, and the Holder surrendering such Securities for repurchase will shall receive only the Fundamental Change Repurchase Price and shall not be entitled to any such accrued and unpaid interest unless such Holder was also the Holder of record of such Securities at the close of business on such record date.