Common use of Repurchase at Option of Holders Upon a Designated Event Clause in Contracts

Repurchase at Option of Holders Upon a Designated Event. (a) If a Designated Event occurs at any time, then each Noteholder shall have the right, at such holder’s option, to require the Company to repurchase all of such holder’s Notes or any portion thereof that is a multiple of $1,000 principal amount, for cash on the date (the “Designated Event Purchase Date”) specified by the Company that is not less than twenty (20) days and not more than thirty-five (35) calendar days after the date of the Designated Event Company Notice (as defined below) at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest thereon to, but excluding, the Designated Event Purchase Date (unless the Designated Event Purchase Date is between a regular record date and the corresponding Interest Payment Date to which it relates, in which case, the Company will pay the full amount of accrued and unpaid interest payable on such Interest Payment Date to the Noteholders of record at the close of business on the corresponding regular record date) (the “Designated Event Purchase Price”). Any Notes purchased by the Company shall be paid in cash. However, notwithstanding the foregoing, Noteholders will not have the right to require the Company to purchase any Notes upon a Fundamental Change, and the Company will not be required to deliver the Designated Event Purchase Notice incidental thereto, if at least 90% of the consideration paid for the Common Stock (excluding cash payments for fractional shares and cash payments made pursuant to dissenters’ appraisal rights) in such Fundamental Change transaction consists of capital stock traded on a U.S. national securities exchange or approved for quotation on a United States system of automated dissemination of quotations of securities prices similar to the NASDAQ Global Market prior to its designation as a national securities exchange (or will be so traded or quoted immediately following the merger or consolidation) and, as a result of such transaction, the Notes become puttable based on the Put Value Rate determined on the basis of shares of such capital stock. Repurchases of Notes under this Section 14.01 shall be made, at the option of the holder thereof, upon:

Repurchase at Option of Holders Upon a Designated Event. (a) If there shall occur a Designated Event occurs at any timetime prior to maturity of the Notes, then each Noteholder shall have the right, at such holder’s option, to require the Company to repurchase all of such holder’s Notes Notes, or any portion thereof that is a multiple of $1,000 principal amount, for cash on the a date (the “Designated Event Purchase Repurchase Date”) specified to be selected by the Company that is not less than twenty (20) days and not 30 nor more than thirty-five (35) calendar 60 days after the date of the Designated Event Company Notice (as defined belowin Section 3.05(b)) of such Designated Event (or, if such date is not a Business Day, the next succeeding Business Day) at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest thereon to, but excluding, the Designated Event Purchase Date (unless the Repurchase Date; provided that if such Designated Event Purchase Repurchase Date is between a regular record date and an interest payment date, then the corresponding Interest Payment Date to which it relates, in which case, the Company will pay the full amount of accrued and unpaid interest payable on such Interest Payment Date to the Noteholders of record at the close of business on the corresponding regular record date) (the “Designated Event Purchase Price”). Any Notes purchased by the Company interest payment date shall be paid in cashto the holders of record of the Notes on the applicable record date instead of the holders surrendering the Notes for repurchase on such date. However, notwithstanding the foregoing, in the case of a Designated Event that is a Fundamental Change, Noteholders will not have the right to require the Company to purchase repurchase any Notes upon under clauses (1) or (2) of the definition of a Fundamental Change, Change (and the Company will not be required to deliver the Designated Event Purchase Notice incidental thereto, ) if at least 90% of the consideration paid for the Company’s Common Stock (excluding cash payments for fractional shares and cash payments made pursuant to dissenters’ appraisal rights) in such a merger or consolidation constituting a Fundamental Change transaction under clause (2) of the definition of a Fundamental Change consists of shares of capital stock or American Depositary Receipts in respect of shares of capital stock traded on a the New York Stock Exchange or another U.S. national securities exchange or approved for quotation quoted on a an established automated over-the-counter trading market in the United States system of automated dissemination of quotations of securities prices similar to the NASDAQ Global Market prior to its designation as a national securities exchange (or will be so traded or quoted immediately following the completion of such merger or consolidation) and, as a result of the completion of such transactionmerger or consolidation, the Notes become puttable based on the Put Value Rate determined on the basis of convertible into such shares of such capital stockstock or such American Depositary Receipts. Repurchases Upon presentation of Notes under this Section 14.01 any Note repurchased in part only, the Company shall be madeexecute and, at upon the option of Company’s written direction to the Trustee, the Trustee shall authenticate and make available for delivery to the holder thereof, upon:at the expense of the Company, a new Note or Notes, of authorized denominations, in aggregate principal amount equal to the unrepurchased portion of the Note presented.

Repurchase at Option of Holders Upon a Designated Event. (a) If a Designated Event occurs at any time, then each Noteholder shall have the right, at such holder’s option, to require the Company to repurchase all of such holder’s Notes or any portion thereof that is a multiple of $1,000 principal amount, for cash on the date (the “Designated Event Purchase Date”) specified by the Company that is not less than twenty (20) days and not more than thirty-five (35) calendar days after the date of the Designated Event Company Notice (as defined below) at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest (including Additional Interest, if any) thereon to, but excluding, the Designated Event Purchase Date (unless the Designated Event Purchase Date is between a regular record date and the corresponding Interest Payment Date to which it relates, in which case, the Company will pay the full amount of accrued and unpaid interest (including Additional Interest, if any) payable on such Interest Payment Date to the Noteholders of record at the close of business on the corresponding regular record date) (the “Designated Event Purchase Price”). Any Notes purchased by the Company shall be paid in cash. However, notwithstanding the foregoing, Noteholders will not have the right to require the Company to purchase any Notes upon a Fundamental Change, and the Company will not be required to deliver the Designated Event Purchase Notice incidental thereto, if at least 90% of the consideration paid for the Common Stock (excluding cash payments for fractional shares and cash payments made pursuant to dissenters’ appraisal rights) in such Fundamental Change transaction consists of capital stock traded on a U.S. national securities exchange or approved for quotation on a United States system of automated dissemination of quotations of securities prices similar to the NASDAQ Global Market prior to its designation as a national securities exchange (or will be so traded or quoted immediately following the merger or consolidation) and, as a result of such transaction, the Notes become puttable convertible based on the Put Value Conversion Rate determined on the basis of shares of such capital stock. In addition, no Notes may be repurchased by the Company at the option of the holders upon a Designated Event if the principal amount of the Notes has been accelerated, and such acceleration has not been rescinded, on or prior to the Designated Event Purchase Date (except in the case of an acceleration resulting from a Default by the Company in the payment of the Designated Event Purchase Price with respect to such Notes). Repurchases of Notes under this Section 14.01 shall be made, at the option of the holder thereof, upon:

Repurchase at Option of Holders Upon a Designated Event. (a) If there shall occur a Designated Event occurs at any timetime prior to maturity of the Debentures, then each Noteholder Debentureholder shall have the right, at such holder’s option, to require the Company to repurchase all of such holder’s Notes Debentures for cash, or any portion thereof that is a multiple of $1,000 principal amount, for cash on the date (the “Designated Event Purchase Repurchase Date”) specified by the Company that is not less than twenty (20) days Business Days and not more than thirty-thirty five (35) calendar days Business Days after the date of the Designated Event Company Notice (as defined below) of such Designated Event at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest interest, including Contingent Interest, if any, and accrued and unpaid Liquidated Damages, if any, thereon to, but excluding, the Designated Event Purchase Repurchase Date (unless the “ Designated Event Purchase Repurchase Price”). If such Designated Event Repurchase Date is between falls after a regular record date for the payment of interest, Contingent Interest or Liquidated Damages and on or prior to the corresponding Interest Payment Date to which it relates, in which caseinterest payment date, the Company will shall instead pay the principal amount to the Debentureholders, and pay the full amount of accrued and unpaid interest interest, including Contingent Interest, if any, and accrued and unpaid Liquidated Damages, if any, payable on such Interest Payment Date interest payment date to the Noteholders holder of record at on the close of business on the corresponding regular record date) (the “Designated Event Purchase Price”). Any Notes purchased by the Company shall be paid in cash. However, notwithstanding the foregoing, Noteholders will not have the right to require the Company to purchase any Notes upon a Fundamental Change, and the Company will not be required to deliver the Designated Event Purchase Notice incidental thereto, if at least 90% of the consideration paid for the Common Stock (excluding cash payments for fractional shares and cash payments made pursuant to dissenters’ appraisal rights) in such Fundamental Change transaction consists of capital stock traded on a U.S. national securities exchange or approved for quotation on a United States system of automated dissemination of quotations of securities prices similar to the NASDAQ Global Market prior to its designation as a national securities exchange (or will be so traded or quoted immediately following the merger or consolidation) and, as a result of such transaction, the Notes become puttable based on the Put Value Rate determined on the basis of shares of such capital stock. Repurchases of Notes Debentures under this Section 14.01 16.02 shall be made, at the option of the holder thereof, upon:

Repurchase at Option of Holders Upon a Designated Event. (a) If a Designated Event occurs at any time, then each Noteholder shall have the right, at such holder’s option, to require the Company to repurchase all of such holder’s Notes or any portion thereof that is a multiple of $1,000 principal amount, for cash on the date (the “Designated Event Purchase Date”) specified by the Company that is not less than twenty (20) days and not more than thirty-five (35) calendar days after the date of the Designated Event Company Notice (as defined below) at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest (including Additional Amount, if any) thereon to, but excluding, the Designated Event Purchase Date (unless the Designated Event Purchase Date is between a regular record date and the corresponding Interest Payment Date to which it relates, in which case, the Company will pay the full amount of accrued and unpaid interest payable on such Interest Payment Date to the Noteholders of record at the close of business on the corresponding regular record date) (the “Designated Event Purchase Price”). Any Notes purchased by the Company shall be paid in cash. However, notwithstanding the foregoing, Noteholders will not have the right to require the Company to purchase any Notes upon a Fundamental Change, and the Company will not be required to deliver the Designated Event Purchase Notice incidental thereto, if at least 90% of the consideration paid for the Common Stock (excluding cash payments for fractional shares and cash payments made pursuant to dissenters’ appraisal rights) in such Fundamental Change transaction consists of capital stock traded on a U.S. national securities exchange or approved for quotation on a United States system of automated dissemination of quotations of securities prices similar to the NASDAQ Global National Market prior to its designation as a national securities exchange (or will be so traded or quoted immediately following the merger or consolidation) and, as a result of such transaction, the Notes become puttable based on the Put Value Rate determined on the basis of shares of such capital stock. Repurchases of Notes under this Section 14.01 shall be made, at the option of the holder thereof, upon: