Repurchase at Option of the Holder. 5.1 Repurchase at Option of the Holder. The Holder shall have the right, at its option, to require the Company to repurchase for cash all of the Note or any portion thereof that is equal to at least US$10,000,000 or such lesser amount then held by the Holder, for once only, on September 15, 2019 (the “Repurchase Date”) at a repurchase price (the “Repurchase Price”) that is equal to 100% of the principal amount of the Notes to be repurchased, plus accrued and unpaid interest to, but excluding, the Repurchase Date; provided that any such accrued and unpaid interest shall be paid not to the Holders submitting the Notes for repurchase on the Repurchase Date but instead to the Holders of such Notes at the close of business on the Regular Record Date immediately preceding the Repurchase Date. 5.2 Delivery of Notice and Note by the Holder. (a) Repurchase of Notes under this ARTICLE 5 shall be made, at the option of the Holder thereof, upon: (i) delivery by the Holder to the Company of a duly completed notice (the “Repurchase Notice”), in the form attached hereto as Exhibit A, on or before the close of business on the second Business Day immediately preceding the Repurchase Date; and (ii) delivery of the Note to the Company together with the Repurchase Notice, such delivery being a condition to receipt by the Holder of the Repurchase Price therefor. (b) Each Repurchase Notice delivered pursuant to this Section 5.2(a) shall state (i) the portion of the principal amount of the Note to be repurchased, which must be at least US$10,000,000 or such lesser amount then held by the Holder, (ii) that the Note is to be repurchased by the Company pursuant to the applicable provisions of this Note and (iii) the account to which funds in respect of the repurchase shall be wired on the Repurchase Date.
Repurchase at Option of the Holder. Beginning on December 11, 2021, the Holder shall have the right, at its option, to require the Company to repurchase for cash all of the Note or any portion thereof that is equal to at least US$100,000,000 or such lesser amount then held by the Holder, for once only, on the date that is ten (10) Business Days after December 11, 2021 (the “Repurchase Date”) at a repurchase price (the “Repurchase Price”) that is equal to 100% of the principal amount of the Notes to be repurchased, plus accrued and unpaid interest to, but excluding, the Repurchase Date; provided that any such accrued and unpaid interest shall be paid not to the Holders submitting the Notes for repurchase on the Repurchase Date but instead to the Holders of such Notes at the close of business on the Regular Record Date immediately preceding the Repurchase Date.
Repurchase at Option of the Holder. Debentures shall be purchased by the Company in cash pursuant to the terms of the Debentures at the option of the holder on each of May 15, 2013, May 15, 2016, and May 15, 2021 (each a “Repurchase Date”), at a purchase price of 100% of the principal amount, plus any accrued and unpaid Interest and Liquidated Damages, if any, to, but excluding, the Repurchase Date; provided that if such Repurchase Date falls after a record date and on or prior to the corresponding Interest Payment Date, then the Interest and Liquidated Damages, if any, payable on such Interest Payment Date shall be paid to the holders of record of the Debentures at the close of business on the applicable record date instead of the holders surrendering the Debentures for repurchase. At least 20 days prior any Repurchase Date, the Company will mail or cause to be mailed, by first class mail, a notice of such Repurchase Date to each Holder at its registered address.
Repurchase at Option of the Holder. Upon A Fundamental Change 27
Repurchase at Option of the Holder. (a) If a Change of Control Repurchase Event occurs, unless the Issuer has previously or concurrently delivered a redemption notice (that may only be conditional upon the occurrence of such Change of Control Repurchase Event) with respect to all the outstanding Notes as described under Section 3.07 of the Indenture, the Issuer shall make an offer to purchase all of the Notes at a price in cash equal to 101% of the aggregate principal amount thereof plus accrued and unpaid interest, if any, to but excluding the date of repurchase, subject to the right of Holders of the Notes of record on the relevant record date to receive interest due on the relevant interest payment date. The Change of Control offer shall be made in accordance with Section 4.14 of the Indenture.
(b) Under certain circumstances described in the Indenture, the Issuer shall be required to apply the proceeds of Asset Sales to the repayment of the Notes. The offer shall be made in accordance with Section 3.09 and Section 4.10 of the Indenture.
Repurchase at Option of the Holder. Section 4.01 . Repurchase at the Option of the Holder Upon a Fundamental Change 18
Repurchase at Option of the Holder. Section 4.01 . Repurchase at the Option of the Holder Upon a Fundamental Change 13 ARTICLE 5 CONVERSION OF NOTES Section 5.01 . Right to Convert 17 Section 5.02 . Conversion Procedures 17 Section 5.03 . Settlement Upon Conversion 18 Section 5.04 . [reserved] 20 Section 5.05 . Adjustment of Conversion Rate 20 Section 5.06 . Recapitalizations, Reclassifications and Changes of Shares of Common Stock 29 Section 5.07 . Adjustments of Prices 29
Repurchase at Option of the Holder. (a) Upon the occurrence of a Change of Control, each Holder of Notes shall have the right to require the Company to purchase such Holder’s Notes, in whole, or in part in a principal amount that is $2,000 or an integral multiple of $1,000 in excess of $2,000, pursuant to a Change of Control Offer, at a purchase price in cash equal to 101% of the principal amount thereof on any Change of Control Payment Date plus accrued and unpaid interest to the Change of Control Payment Date. On or before the 30th day following any Change of Control, the Company shall send, or cause to be sent, by first-class mail, postage prepaid, a written notice regarding the Change of Control Offer to each Holder of Notes (with a copy to the Trustee). The Holder of this Note may elect to have this Note or a portion hereof in an authorized denomination purchased by completing the form entitled “Option of Holder to Elect Purchase” appearing below and tendering this Note pursuant to the Change of Control Offer. Unless the Company defaults in the payment of the Change of Control Payment with respect thereto, all Notes or portions thereof accepted for payment pursuant to the Change of Control Offer will cease to accrue interest from and after the Change of Control Payment Date. A Change of Control Offer may be made in advance of a Change of Control, and conditioned upon such Change of Control, if a definitive agreement is in place for the transaction giving rise to the Change of Control at the time of the making of the Change of Control Offer. In addition, the Company shall not be required to make a Change of Control Offer upon a Change of Control if a third party makes the Change of Control Offer in the manner, at the time and otherwise in compliance with the requirements set forth in the Indenture applicable to a Change of Control Offer made by the Company and such third party purchases all Notes properly tendered and not withdrawn under such Change of Control Offer. The Company shall not be required to make a Change of Control Offer following a Change of Control if a notice of redemption of all outstanding Notes has been given pursuant to the Indenture as described in the Indenture, unless and until there is a default in the payment of the redemption price on the applicable Redemption Date or the redemption is not consummated due to the failure of a condition precedent contained in the applicable redemption notice to be satisfied.
(b) If at any time the Company or any Restricted Subsidi...
Repurchase at Option of the Holder. Securities shall be purchased by the Company in cash pursuant to the terms of the Securities at the option of the Holder on each Repurchase Date at a purchase price of 100% of the principal amount, plus any accrued and unpaid interest and Registration Default Payments, if any, to, but excluding, the Repurchase Date, upon notice given by the Holder in accordance with the terms of the Indenture; provided that if such Repurchase Date falls after a record date and on or prior to the corresponding Interest Payment Date, then the interest and Registration Default Payments, if any, payable on such Interest Payment Date shall be paid to the Holders of record of the Securities at the close of business on the applicable Record Date instead of the Holders surrendering the Securities for repurchase. At least 20 days prior to any Repurchase Date, the Company will mail or cause to be mailed, by first class mail, a notice of such Repurchase Date to each Holder at its registered address.
Repurchase at Option of the Holder. The Notes may be repurchased by the Company at the option of each Holder thereof as provided in Article V.
