Repurchase at Option of the Holder. Section 4.01 Repurchase at the Option of the Holder Upon a Fundamental Change.
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 Business 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. Repurchases of Debentures under this Section 3.08 shall be made, at the option of the Holder thereof, upon:
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. 12 Section 4.01 Repurchase at the Option of the Holder Upon a Fundamental Change 12 ARTICLE V. CONVERSION OF NOTES 16 Section 5.01 Right to Convert 16 Section 5.02 Conversion Procedures 16 Section 5.03 Settlement Upon Conversion 17 Section 5.04 Adjustment of Conversion Rate 19 Section 5.05 Recapitalizations, Reclassifications and Changes of Shares of Common Stock 28 Section 5.06 Adjustments of Prices 29 Section 5.07 Adjustment to Shares Delivered Upon Conversion Upon Make-Whole Fundamental Changes 29 Section 5.08 Taxes on Shares Issued 30 Section 5.09 Reservation of Shares; Shares to be Fully Paid; Compliance with Governmental Requirements 30 Section 5.10 Responsibility of Trustee 31 Section 5.11 Company Determination Final 31 ARTICLE VI. REDEMPTION; NO SINKING FUND 31 Section 6.01 Right of the Company to Redeem the Notes 31 Section 6.02 Notice of Redemption 32 Section 6.03 Partial Redemptions 32 Section 6.04 No Sinking Fund 32 ARTICLE VII. REMEDIES 32 Section 7.01 Events of Default 32 Section 7.02 Acceleration of Maturity; Rescission and Annulment 34 Section 7.03 Collection of Indebtedness and Suits for Enforcement by Trustee 35 Section 7.04 Trustee May File Proofs of Claim 35 Section 7.05 Trustee May Enforce Claims Without Possession of Notes 36 Section 7.06 Application of Money Collected 36 Section 7.07 Limitation on Suits 36 Section 7.08 Unconditional Right of Holders to Receive Principal and Interest and to Convert 37 Section 7.09 Restoration of Rights and Remedies 37 Section 7.10 Rights and Remedies Cumulative 37 Section 7.11 Delay or Omission Not Waiver 37 Section 7.12 Control by Holders 37 Section 7.13 Waiver of Past Defaults and Rescission 38 Section 7.14 Undertaking for Costs 38 Section 7.15 Notice of Default 39 Section 7.16 Interest on Overdue Payments 39 ARTICLE VIII. CONSOLIDATION, MERGER, CONVEYANCE, TRANSFER OR LEASE 39 Section 8.01 Company May Consolidate, Etc., Only on Certain Terms 39 Section 8.02 Successor Substituted 39 ARTICLE IX. SATISFACTION AND DISCHARGE 40 Section 9.01 Satisfaction and Discharge of Indenture 40 ARTICLE X. SUPPLEMENTAL INDENTURES 41 Section 10.01 Supplemental Indentures 41 Section 10.02 Supplemental Indentures Without Consent of Holders 41 Section 10.03 Supplemental Indentures with Consent of Holders 42 Section 10.04 Notices of Supplemental Indentures 43 ARTICLE XI. MISCELLANEOUS 43 Section 11.01 Governing Law 43 Section 11.02 Calculations in Respect of Notes 43 Section 11.03 No Representations or Warranties by the ...
Repurchase at Option of the Holder. Upon A Fundamental Change 26
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.
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 of such Securities, plus any accrued and unpaid interest and Registration Default Payments, if any, on such Securities 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 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 Business 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. Repurchases of Securities under this Section 11.03 shall be made, at the option of the Holder thereof, upon:
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. (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.
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.
