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

Repurchase at Option of Holders 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 repurchase for cash all of such Holder’s Notes, or any portion thereof that is equal to $1,000 or an integral multiple of $1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is no less than 20 Business Days and no more than 40 Business Days after the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, plus any accrued and unpaid interest thereon to, but not including, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”). If the Fundamental Change Repurchase Date occurs after a Regular Record Date and on or prior to the corresponding Interest Payment Date to which such Regular Record Date relates, the Company shall instead pay the full amount of such accrued and unpaid interest no later than the relevant Interest Payment Date to Holders of record on such Regular Record Date, and the Fundamental Change Repurchase Price shall be equal to 100% of the principal amount of Notes to be repurchased pursuant to this Article 15. The Fundamental Change Repurchase Date shall be subject to postponement in order to allow the Company to comply with any change in applicable law or exchange requirements after the date of this Indenture. The Trustee, the Conversion Agent, Paying Agent or any other agent appointed for such purposes shall have no responsibility to determine the Fundamental Change Repurchase Price.

Repurchase at Option of Holders Upon a Fundamental Change. (a) If a Fundamental Change occurs at any timetime prior to the Maturity Date, each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s Notes, or any portion thereof that is equal to a minimum of $1,000 principal amount or an integral a multiple of $1,0001,000 in excess thereof, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is no not less than 20 Business Days and no or more than 40 Business Days after 35 business days following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, plus any accrued and unpaid interest thereon to, but not includingexcluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”). If , unless the Fundamental Change Repurchase Date occurs falls after a Regular an Interest Record Date and but on or prior to the corresponding Interest Payment Date to which such Regular Interest Record Date relates, in which case the Company shall instead pay the full amount of such any accrued and unpaid interest no later than the relevant Interest Payment Date to Holders of record on as of such Regular Interest Record Date, and the Fundamental Change Repurchase Price shall be equal to 100% of the principal amount of Notes to be repurchased pursuant to this Article 15. The To the extent that the provisions of any securities laws or regulations conflict with the provisions of the Notes and this Indenture relating to the Company’s obligation to purchase Notes upon a Fundamental Change Repurchase Date shall be subject to postponement in order to allow Change, the Company to shall comply with any change in the applicable law or exchange requirements after securities laws and regulations and shall not be deemed to have breached its obligation under the date provisions of this Indenture. The Trustee, the Conversion Agent, Paying Agent or any other agent appointed for Indenture by virtue of such purposes shall have no responsibility to determine the Fundamental Change Repurchase Priceconflict.

Repurchase at Option of Holders Upon a Fundamental Change. (aiv) If a Fundamental Change occurs at any time, each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s Notes, or any portion thereof that is equal to $1,000 or an integral multiple of $1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is no less than 20 Business Days and no more than 40 Business Days calendar days after the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, plus any accrued and unpaid interest thereon to, but not including, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”). If , unless the Fundamental Change Repurchase Date occurs after a Regular Record Date and on or prior to the corresponding Interest Payment Date to which such Regular Record Date relates, in which case the Company shall instead pay the full amount of such accrued and unpaid interest no later than the relevant on such Interest Payment Date to Holders of record on as of such Regular Record Date, and the Fundamental Change Repurchase Price shall be equal to 100% of the principal amount of Notes to be repurchased pursuant to this Article 15. The Fundamental Change Repurchase Date shall be subject to postponement in order to allow the Company to comply with any change in applicable law or exchange requirements after the date of this Indenture. The Trustee, the Conversion Agent, Paying Agent or any other agent appointed for such purposes shall have no responsibility to determine the Fundamental Change Repurchase Price.

Repurchase at Option of Holders 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 repurchase for cash all of such Holder’s Notes, or any portion thereof that is equal to $US$1,000 or an integral multiple of $US$1,000, on the date Business Day (the “Fundamental Change Repurchase Date”) specified notified in writing by the Company as set forth in Section 15.02(c) that is no not less than 20 Business Days and no or more than 40 35 Business Days after following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, plus any accrued and unpaid interest interest, if any, thereon to, but not includingexcluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”). If , unless the Fundamental Change Repurchase Date occurs falls after a Regular Record Date and but on or prior to the corresponding Interest Payment Date to which such Regular Record Date relates, in which case the Company shall instead pay on the Interest Payment Date the full amount of such accrued and unpaid interest no later than the relevant Interest Payment Date interest, if any, to Holders of record on as of such Regular Record Date, and the Fundamental Change Repurchase Price shall be equal to 100% of the principal amount of Notes to be repurchased pursuant to this Article 15. The Fundamental Change Repurchase Date shall be subject to postponement in order to allow the Company to comply with any change in applicable law or exchange requirements after the date of this Indenture. The Trustee, Trustee and the Conversion Agent, Paying Agent or any other agent appointed for such purposes purpose shall have no responsibility to determine the Fundamental Change Repurchase Price.. ​