Common use of Repurchase at the Option of the Holder Clause in Contracts

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. (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)zero. 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. (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 1,000 or an integral multiple of $1,000 in excess thereof) of each Holder’s 's Notes at a purchase price in cash equal to 101% of the aggregate principal amount thereof of Notes repurchased plus accrued and unpaid interestinterest and Liquidated Damages, if any, thereon on the Notes repurchased, 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 purchase (the “"Change of Control Payment”"). Within ten 30 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 five days following any Net of each date on which the aggregate amount of Excess Proceeds Offer Trigger Date exceeds $10.0 million, the Company will commence an offer to all Holders of Notes and all holders of other Indebtedness that is pari passu with the Notes containing provisions similar to those set forth in the Indenture with respect to offers to purchase or redeem with the proceeds of sales of assets (subject an "Asset Sale Offer") pursuant to Section 4.10(e) 3.09 of the Indenture)Indenture to purchase the maximum principal amount of Notes (including any Additional Notes) and other pari passu Indebtedness that may be purchased out of the Excess Proceeds at an offer price in cash in an amount equal to 100% of the principal amount thereof plus accrued and unpaid interest and Liquidated Damages, a Net Proceeds Offer shall be sent if any, to the record Holder as shown on the register date of Holderspurchase, with a copy to the Trustee. Any Net Proceeds Offer shall comply and will be payable in cash, in accordance with the procedures set forth in Sections 3.09 and 4.10 of the Indenture. Upon completion To the extent that the aggregate amount of Notes (including any such Net Proceeds OfferAdditional Notes) and other pari passu Indebtedness tendered pursuant to an Asset Sale Offer is less than the Excess Proceeds, the Net Proceeds Offer Amount Company (or such Restricted Subsidiary) may use such deficiency for any purpose not otherwise prohibited by the Indenture. If the aggregate principal amount of Notes and other pari passu Indebtedness surrendered by holders thereof exceeds the amount of Excess Proceeds, the Trustee shall select the Notes and other pari passu Indebtedness to be reset at zero (regardless of whether there is any excess Net Proceeds Offer Amount upon such completion)purchased on a pro rata basis. Holders of Notes that are the subject of a Net Proceeds an offer to purchase will receive an Asset Sale Offer may, from the Company prior to any related Purchase Date, purchase date and may 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. (a) If there is a Change of ControlFundamental Change, the Company will be required to make an offer (a “Fundamental Change of Control Offer”) to each Holder to repurchase all of such Holder’s Notes (or any part (equal to such portion thereof specified by such Holder in minimum denominations of $2,000 or an and integral multiple multiples of $1,000 in excess thereof) of each Holder’s Notes at a purchase price in cash equal to 101100% of the aggregate principal amount thereof plus accrued and unpaid interest, if any, thereon to plus the date of purchase, subject to the rights of Holders Interest Make-Whole Premium on the relevant record date to receive interest due on the relevant interest payment date Notes repurchased (the “Fundamental Change of Control Payment”). Within ten 10 days following any Change of ControlFundamental Change, the Company will mail a notice to each Holder setting forth the procedures governing the Fundamental Change of Control Offer as required by the Indenture. (b) . If the Company or a Restricted Subsidiary of the Company consummates any an Asset SalesSale, within 25 days following any Net Proceeds Offer Trigger Date the Company in circumstances specified in the Indenture may be required to commence an offer to all Holders of Notes and all holders of other Indebtedness that is pari passu with the Notes containing provisions similar to those set forth in the Indenture with respect to offers to purchase or redeem with the proceeds of sales of assets (subject an “Asset Sale Offer”) pursuant to Section 4.10(e) 3.06 of the Indenture)Indenture to purchase the maximum principal amount of Notes and such other pari passu Indebtedness that may be purchased out of the Excess Proceeds at an offer price in cash in an amount equal to 100% of the principal amount thereof, a Net Proceeds Offer shall be sent to the record Holder as shown on the register of Holdersplus accrued and unpaid interest thereon, with a copy to the Trustee. Any Net Proceeds Offer shall comply in accordance 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 an offer to purchase will receive an Asset Sale Offer may, from the Company prior to any related Purchase Date, purchase date and may elect to have such Notes purchased by completing the form entitled “Option of Holder to Elect Purchase” attached to the Notes.