Repurchase at the Option of the Holder. (a) If (i) a Change of Control (if, at the Change of Control Time the Notes do not have Investment Grade Status) or (ii) a Change of Control Triggering Event (if, at the Change of Control Time the Notes have Investment Grade Status) occurs, each Holder of Notes shall have the right to require the Company to purchase such Holder’s Notes, in whole, or in part (equal to a minimum principal amount of $1,000 or integral multiple of $1,000 in excess of $1,000) of that Holders’ Notes pursuant to an offer (a “Change of Control Offer”) on the terms set forth in the Indenture. In the Change of Control Offer, the Company will offer a payment (“Change of Control Payment”) in cash equal to 101% of the principal amount of Notes repurchased plus accrued and unpaid interest and Additional Interest, if any, on the Notes repurchased, to the date of purchase. Not later than 30 days following (i) any Change of Control or (ii) in the event the Notes have Investment Grade Status at the earlier of the public announcement of (x) a Change of Control or (y) (if applicable) the Company’s intention to effect a Change of Control, a Change of Control Triggering Event, the Company will send a notice (which notice may be conditional) to each Holder (with a copy to the Trustee) regarding the Change of Control Offer. 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. Any Note (or portion thereof) accepted for payment (and for which payment has been duly provided on the Change of Control Payment Date) pursuant to the Change of Control Offer shall cease to accrue interest after the Change of Control Payment Date
(b) If at any time the Company or any Restricted Subsidiary engages in any Asset Sale and/or suffers (or incurs) an Event of Loss, as a result of which the aggregate amount of Excess Proceeds exceeds $100,000,000, the Company shall, not more than 20 Business Days of the date after the amount of Excess Proceeds exceeds $100,000,000, use the then-existing Excess Proceeds to make an offer to purchase from all Holders of the Notes, and at the election of the Company, the holders of any other outstanding Pari Passu Indebtedness having comparable repurchase rights, an aggregate principal amount of Notes, and, if applicable, such other Pari Passu Indebtedness, equal to the Excess Pro...
Repurchase at the Option of the Holder. (a) If there is a Change of Control, the Company will be required to make an offer (a “Change of Control Offer”) to each Holder to repurchase all or any part (equal to $2,000 or an integral multiple of $1,000 in excess thereof) of each Holder’s Notes at a purchase price in cash equal to 101% of the aggregate principal amount thereof plus accrued and unpaid interest, if any, thereon to the date of purchase, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date (the “Change of Control Payment”). Within ten days following any Change of Control, the Company will mail a notice to each Holder setting forth the procedures governing the Change of Control Offer as required by the Indenture.
(b) If the Company or a Restricted Subsidiary of the Company consummates any Asset Sales, within 25 days following any Net Proceeds Offer Trigger Date (subject to Section 4.10(e) of the Indenture), a Net Proceeds Offer shall be sent to the record Holder as shown on the register of Holders, with a copy to the Trustee. Any Net Proceeds Offer shall comply with the procedures set forth in Sections 3.09 and 4.10 of the Indenture. Upon completion of any such Net Proceeds Offer, the Net Proceeds Offer Amount shall be reset at zero (regardless of whether there is any excess Net Proceeds Offer Amount upon such completion). Holders of Notes that are the subject of a Net Proceeds Offer may, prior to any related Purchase Date, elect to have such Notes purchased by completing the form entitled “Option of Holder to Elect Purchase” attached to the Notes.
Repurchase at the Option of the Holder. (i) Notwithstanding any other provision of the Partnership Agreement to the contrary, the holders of the Series L Preferred Units shall have the right to require the Partnership to repurchase for cash all or a portion of the Series L Preferred Units (the “Cash Repurchase Right”) at any time after the date hereof, subject to clause (ii) of this Section 2.F. The repurchase price per Series L Preferred Unit upon such repurchase shall be paid by the Partnership in cash and shall be in an amount equal to the Series L Liquidation Value of such Series L Preferred Units to the date of such repurchase (the “Repurchase Consideration”). From and after the applicable repurchase date, the Series L Preferred Units so repurchased shall no longer be outstanding and all rights hereunder, to distributions or otherwise, with respect to such Series L Preferred Units shall cease.
(ii) Each holder of Series L Preferred Units who desires to require the Partnership to repurchase all or a portion of the Series L Preferred Units shall provide notice to the Partnership (with a copy to the Managing General Partner) in the form of the Notice of Repurchase Demand attached as Exhibit A hereto (a “Repurchase Demand Notice”) via facsimile, hand delivery or other mail or messenger service. The date upon which the Partnership initially receives a Repurchase Demand Notice shall be a “Notice Date.” The Partnership shall pay to such holder of Series L Preferred Units the Repurchase Consideration within ten (10) Business Days after the Notice Date. A holder of Series L Preferred Units may not request repurchase of less than 10,000 Series L Preferred Units or, if such holder of Series L Preferred Units holds less than 10,000 Series L Preferred Units, for less than all of the Series L Preferred Units held by such holder of Series L Preferred Units.
(iii) From and after the applicable repurchase date, the Series L Preferred Units so repurchased shall no longer be outstanding and all rights hereunder, to distributions or otherwise, with respect to such Series L Preferred Units shall cease.
Repurchase at the Option of the Holder. Pursuant to Section 3.07 of the Indenture, the Notes, in whole or in part, shall be repurchased by the Company at the option of the Holder on October 1, 2012, October 1, 2017 and October 1, 2022 or the next Business Day following such dates to the extent any such date is not a Business Day in cash at 100% of the principal amount of Notes to be repurchased plus accrued and unpaid interest, if any (including Liquidated Damages and Additional Interest, if any), thereon to, but excluding the Repurchase Date; provided that if such Repurchase Date falls after a Record Date and on or prior the corresponding Interest Payment Date, the Company shall pay the related interest (including Liquidated Damages and Additional Interest, if any) due on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. No Notes may be repurchased by the Company at the option of Holders if there has occurred and is continuing an Event of Default with respect to the Notes, other than a default in the payment of the Repurchase Price with respect to the Notes. Any Holder delivering to the Paying Agent a Repurchase Notice shall have the right to withdraw such Repurchase Notice at any time prior to the close of business on the second Business Day immediately preceding the Repurchase Date by delivery of a written notice of withdrawal to the Paying Agent in accordance the provisions of the Indenture. If the Repurchase Notice is withdrawn during such period, the Company will not be obligated to repurchase the related Notes.
Repurchase at the Option of the Holder. At any time after [●], 20__3, such holder of shares of Series A Preferred Stock may irrevocably elect to require the Corporation to repurchase all or any portion of such holder’s shares of Series A Preferred Stock in accordance with the next succeeding sentence by giving irrevocable, written notice to the Corporation at a repurchase price per share, payable in cash, equal to the sum of (1) the Stated Value per share of the Series A Preferred Stock plus (2) an amount per share equal to accrued but unpaid dividends from and including the immediately preceding Dividend Payment Date to but excluding the date of repurchase. Such notice shall state the number of shares of Series A Preferred Stock to be repurchased and the date of repurchase, which shall be at least six but no more than 20 Business Days following the delivery of such notice. 3 Date to be the fifth anniversary of the Issue Date.
Repurchase at the Option of the Holder. The Company may be required to repurchase Notes pursuant to Section 4.10 of the Indenture.
Repurchase at the Option of the Holder. If Securities of a series are to be redeemable at the option of the Holders thereof prior to the Stated Maturity of such Securities other than as set forth in this Indenture, such repurchase rights shall be established pursuant to a Board Resolution and set forth in an Officers’ Certificate, or established in one or more indentures supplemental hereto prior to the issuance of such Securities pursuant to Section 2.02 hereof.
Repurchase at the Option of the Holder. Section 3.01 Fundamental Change Permits Holder to Require the Company to Repurchase this Note.
Repurchase at the Option of the Holder. The Bonds are subject to repurchase by the Company, at the option of the Holder, in whole or in part, in the circumstances as specified in the Indenture, and not otherwise.
Repurchase at the Option of the Holder. (a) A Holder shall have the right to require the Company to repurchase all or a portion of such Holder's Securities in accordance with the provisions of this Section 3.9. If a Holder exercises its right to require the Company to repurchase Securities under this Section 3.9, such Securities shall be purchased by the Company on May 1, 2009, May 1, 2012 or May 1, 2017 (each, a "Purchase Date"), as designated by such Holder in exercising its rights hereunder, at a purchase price (the "Purchase Price") equal to the principal amount thereof, plus any accrued interest up to and including the Purchase Date. Whenever in this Indenture there is a reference to the principal of any Security as of any time, such reference shall be deemed to include reference to the Purchase Price payable in respect of such Security to the extent that such Purchase Price is, was or would be so payable at such time, and express mention of the Purchase Price in any provision of this Indenture shall not be construed as excluding the Purchase Price in those provisions of this Indenture when such express mention is not made. Any rights of Holders, contractual or otherwise, arising under or pursuant to any requirement of the Company to repurchase Securities under this Section 3.9 shall be subordinated in right of payment to all Senior Indebtedness to the same extent as the Securities are subordinated to Senior Indebtedness under the provisions of Article 5 and such requirement for repurchase shall also be subject to the requirement that, if at the time the Securities are required to be repurchased pursuant to such offer, payment of the Securities is not permitted pursuant to the provisions of Article 5, the Company shall use its best efforts to obtain all necessary waivers from, or to repay in full, the holders of Senior Indebtedness in order to permit such repurchase. Notwithstanding the foregoing, any failure by the Company to comply with this Section 3.9 to repurchase the Securities shall be a default in the performance by the Company hereunder.
(b) Not later than 20 Business Days prior to an upcoming Purchase Date, the Company shall mail a written notice (a "Purchase Date Notice") by first-class mail to the Trustee and to each Holder (and to beneficial holders as required by applicable law), and shall cause a copy of such notice to be published in a daily newspaper of national circulation. Such notice shall include the form of Purchase Notice (as defined below) to be completed by a Holder...
