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

Repurchase at Option of the Holder Upon a Fundamental Change. (a) Subject to the satisfaction of the requirements of this Article 3, if a Fundamental Change occurs at any time, each Holder shall have the right, at its option, to require the Company to repurchase all of its Notes, or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple of $1,000, on a date (the “Fundamental Change Repurchase Date”) of the Company’s choosing that is not less than 15 nor more than 35 days after the date of the Fundamental Change Repurchase Right Notice. The Fundamental Change repurchase price the Company is required to pay (the “Fundamental Change Repurchase Price”) is equal to 100% of the principal amount of the Notes to be repurchased plus accrued and unpaid interest, if any, to, but not including, the Fundamental Change Repurchase Date; provided that if the Fundamental Change Repurchase Date falls after a Regular Record Date and on or prior to the Interest Payment Date to which it relates, the Company shall instead pay the full amount of accrued and unpaid interest to the Holder of record at the close of business on such Regular Record Date, and the Fundamental Change Repurchase Price shall be equal to 100% of the principal amount of the Notes to be repurchased. Any Notes so repurchased by the Company shall be paid for in cash.

Repurchase at Option of the Holder Upon a Fundamental Change. (a) Subject to the satisfaction of the requirements of this Article 3Section 3.04, if a Fundamental Change occurs at any timetime prior to the Maturity Date, each Holder shall will, upon receipt of the notice of the occurrence of a Fundamental Change described in Section 3.04(c), have the right, at its option, right (subject to the Company's rights upon delivery of a Public Acquisition Notice as defined in Section 3.06) to require the Company to repurchase any or all of its Notes, or any portion of the principal such Holder's Notes for cash in an amount thereof that is equal to $1,000 or an integral multiple of $1,000, on a date (the “Fundamental Change Repurchase Date”) of the Company’s choosing that is not less than 15 nor more than 35 days after the date of the Fundamental Change Repurchase Right Notice. The Fundamental Change repurchase price the Company is required to pay (the “Fundamental Change Repurchase Price”) is equal to 100% of the principal amount Accreted Principal Amount of the Notes to be repurchased plus accrued and unpaid interestInterest, if any, to, to (but not including, ) the Fundamental Change Repurchase Date; provided that if Date (the "Fundamental Change Repurchase Price"), unless such Fundamental Change Repurchase Date falls after a Regular an Interest Payment Record Date and on or prior to the corresponding Interest Payment Date to Date, in which it relates, case the Company shall instead pay Fundamental Change Repurchase Price will include the full amount of accrued and unpaid interest Interest payable on such Interest Payment Date to the Holder of record at the close of business on such Regular the corresponding Interest Payment Record Date, and the Fundamental Change Repurchase Price shall be equal to 100% of the principal amount of the Notes to be repurchased. Any Notes so repurchased by the Company shall be paid for in cash.