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

Repurchase at the Option of Holders Upon a Change of Control. (a) Upon the occurrence of a Change of Control, the Company shall, within 30 days of a Change of Control, make an offer (the "CHANGE OF CONTROL OFFER") pursuant to the procedures set forth in Section 3.09 hereof to repurchase the Notes on the date specified in such notice, which date shall be no earlier than 30 days and no later than 90 days from the date of such Change of Control. Each Holder shall have the right to accept such offer and require the Company to repurchase all or any part (equal to $1,000 or an integral multiple of $1,000) of such Holder's Notes pursuant to the Change of Control Offer at a purchase price, in cash (the "CHANGE OF CONTROL AMOUNT"), equal to 101% of the aggregate principal amount of Notes repurchased, plus accrued and unpaid interest on the Notes repurchased to the Purchase Date. (b) The Company shall not be required to make a Change of Control Offer upon a Change of Control if a third party makes a Change of Control Offer in the manner, at the times and otherwise in compliance with the requirements set forth in this Indenture applicable to a Change of Control Offer made by the Company and purchases all Notes properly tendered and not withdrawn under the Change of Control Offer.

Repurchase at the Option of Holders Upon a Change of Control. (a) Upon the occurrence of a Change of Control, the Company shall, within 30 days of a Change of Control, make an offer (the "CHANGE OF CONTROL OFFER"“Change of Control Offer”) pursuant to the procedures set forth in Section 3.09 hereof to repurchase the Notes on the date specified in such notice, which date shall be no earlier than 30 days and no later than 90 days from the date of such Change of Control3.09. Each Holder shall have the right to accept such offer and require the Company to repurchase all or any part portion (equal to $1,000 or an integral multiple of $1,0001,000 in excess thereof, provided that no Note of $2,000 or less shall be repurchased in part) of such Holder's ’s Notes pursuant to the Change of Control Offer at a purchase price, in cash (the "CHANGE OF CONTROL AMOUNT"“Change of Control Amount”), equal to 101% of the aggregate principal amount of Notes repurchased, repurchased plus accrued and unpaid interest on the Notes repurchased interest, if any, thereon, to the Purchase DateChange of Control Offer payment date. (b) The Company shall will not be required to make a Change of Control Offer upon a Change of Control if a third party makes a the Change of Control Offer in the manner, at the times and otherwise in compliance with the requirements set forth in this Indenture applicable to a Change of Control Offer made by the Company and purchases all Notes properly validly tendered and not withdrawn under the such Change of Control Offer. (c) Notwithstanding anything to the contrary herein, a Change of Control Offer may be made in advance of a Change of Control, conditional upon such Change of Control.

Repurchase at the Option of Holders Upon a Change of Control. (a) Upon the occurrence of a Change of Control, the Company shall, within 30 days of a Change of Control, make an offer (the "CHANGE OF CONTROL OFFERChange of Control Offer") pursuant to the procedures set forth in Section 3.09 hereof to repurchase the Notes on the date specified in such notice, which date shall be no earlier than 30 days and no later than 90 days from the date of such Change of Controlhereof. Each Holder shall have the right to accept such offer and require the Company to repurchase all or any part (equal to $US$1,000 or an integral multiple of $US$1,000) of such Holder's Notes pursuant to the Change of Control Offer at a purchase price, in cash (the "CHANGE OF CONTROL AMOUNTChange of Control Amount"), equal to 101% of the aggregate principal amount of Notes repurchased, plus accrued and unpaid interest on the Notes repurchased to the Purchase Datepurchase date. (b) The Company shall not be required to make a Change of Control Offer upon a Change of Control if a third party makes a Change of Control Offer in the manner, at the times and otherwise in compliance with the requirements set forth in this Indenture applicable to a Change of Control Offer made by the Company and purchases all Notes or portions of Notes properly tendered and not withdrawn under the Change of Control Offer.

Repurchase at the Option of Holders Upon a Change of Control. (a) Upon the occurrence of a Change of Control, the Company shall, within 30 days of a Change of Control, make an offer (the "CHANGE OF CONTROL OFFER"“Change of Control Offer”) pursuant to the procedures set forth in Section 3.09 hereof to repurchase the Notes on the date specified in such notice, which date shall be no earlier than 30 days and no later than 90 days from the date of such Change of Control3.09. Each Holder shall have the right to accept such offer and require the Company to repurchase all or any part portion (equal to $1,000 or an integral multiple of $1,000) of such Holder's ’s Notes pursuant to the Change of Control Offer at a purchase price, in cash (the "CHANGE OF CONTROL AMOUNT"“Change of Control Amount”), equal to 101% of the aggregate principal amount of Notes repurchased, plus accrued and unpaid interest on the Notes repurchased repurchased, to the Purchase Date. (b) The Company shall will not be required to make a Change of Control Offer upon a Change of Control if (i) a third party makes a the Change of Control Offer in the manner, at the times and otherwise in compliance with the requirements set forth in this Indenture applicable to a Change of Control Offer made by the Company and purchases all Notes properly tendered and not withdrawn under the Change of Control OfferOffer or (ii) an irrevocable notice of redemption for all outstanding Notes has been given in accordance with this Indenture. (c) A Change of Control Offer may be made in advance of a Change of Control, conditional upon the Change of Control, if a definitive agreement is in place for the Change of Control at the time the Change of Control Offer is made.

Repurchase at the Option of Holders Upon a Change of Control. (a) Upon the occurrence of a Change of Control, the Company shall, within 30 10 days of a Change of Control, make an offer (the "CHANGE OF CONTROL OFFER"“Change of Control Offer”) pursuant to the procedures set forth in Section 3.09 hereof to repurchase the Notes on the date specified in such notice, which date shall be no earlier than 30 days and no later than 90 days from the date of such Change of Controlhereof. Each Holder shall have the right to accept such offer and require the Company to repurchase all or any part portion (equal to $1,000 or an integral multiple of $1,000) of such Holder's ’s Notes pursuant to the Change of Control Offer at a purchase price, in cash (the "CHANGE OF CONTROL AMOUNT"“Change of Control Amount”), equal to 101% of the aggregate principal amount of Notes repurchased, plus accrued and unpaid interest on the Notes repurchased to the Purchase Date. (b) The Company shall not be required to make a Change of Control Offer upon a Change of Control if a third party makes a Change of Control Offer in the manner, at the times and otherwise in compliance with the requirements set forth in this Indenture applicable to a Change of Control Offer made by the Company and purchases all Notes properly or portions of Notes validly tendered and not withdrawn under the Change of Control Offer.