REPURCHASE OF SECURITIES AT THE OPTION. OF THE HOLDER UPON A CHANGE IN CONTROL
REPURCHASE OF SECURITIES AT THE OPTION. OF THE HOLDER UPON A FUNDAMENTAL CHANGE
REPURCHASE OF SECURITIES AT THE OPTION. OF THE HOLDER 91 SECTION 13.1 Right to Require Repurchase upon a Designated Event 91 SECTION 13.2 Notices; Method of Exercising Repurchase Right, Etc. 92 SECTION 13.3 Certain Definitions 94 SECTION 13.4 Consolidation, Merger, Etc. 96 SECTION 13.5 Repurchase at the Option of the Holder on Specified Purchase Dates 96
REPURCHASE OF SECURITIES AT THE OPTION. OF THE HOLDER UPON A CHANGE IN CONTROL...................................86
REPURCHASE OF SECURITIES AT THE OPTION. OF THE HOLDER UPON A CHANGE OF CONTROL SECTION 1401. Right to Require Xxxxxxxxxx 00 SECTION 1402. Conditions to the Company's Election to Pay the Repurchase Price in Common Stock 84 SECTION 1403. Notices, Method of Exercising Repurchase Right, Etc. 84 SECTION 1404. Certain Definitions 87 SECTION 1405. Consolidation, Merger, Etc. 89 ---------- Note: This table of contents shall not, for any purpose, be deemed to be a part of the indenture. IMMUNITY OF INCORPORATORS, STOCKHOLDERS, OFFICERS AND DIRECTORS SECTION 1501. Indenture and Securities Solely Corporate Obligations 89
REPURCHASE OF SECURITIES AT THE OPTION. OF THE HOLDER UPON A CHANGE IN CONTROL Pursuant to Section 301(7) of the Indenture and in substitution of the terms of Article Thirteen of the Indenture, so long as any of the Securities are Outstanding, the following provisions shall be applicable to the Securities:
REPURCHASE OF SECURITIES AT THE OPTION. OF THE HOLDER UPON A CHANGE IN CONTROL 66
REPURCHASE OF SECURITIES AT THE OPTION. OF THE HOLDER UPON A CHANGE IN CONTROL At the option of the Holder and subject to the terms and conditions of the Indenture, the Company shall become obligated to repurchase all or any part specified by the Holder (so long as the principal amount of such part is $1,000 or an integral multiple of $1,000 in excess thereof) of the Securities held by such Holder on the date that is 35 Business Days after the occurrence of a Change in Control, at a Repurchase Price equal to 100% of the principal amount of the Securities to be repurchased plus the interest accrued and unpaid to, but excluding, the Repurchase Date. The Repurchase Price may be A-7 paid, at the option of the Company, in cash or by the issuance of Common Stock having a fair market value equal to the Repurchase Price as provided in Article Five of the Second Supplemental Indenture, or in any combination thereof. For purposes of this paragraph, the fair market value of shares of Common Stock shall be determined by the Company and shall be equal to 95% of the average of the closing prices per share for the five consecutive Trading Days immediately preceding and including the third Trading Day prior to the Repurchase Date. The Holder shall deliver a Repurchase Notice to the Paying Agent at any time prior to the close of business on the Business Day immediately preceding the Repurchase Date in order to exercise its right to require the Company to repurchase this Security upon a Change in Control. The Holder shall have the right to withdraw any Repurchase Notice (in whole or in a portion thereof that is $1,000 principal amount or an integral multiple of $1,000 in excess thereof) at any time prior to the close of business on the Business Day immediately preceding the Repurchase Date by delivering a written notice of withdrawal to the Paying Agent in accordance with the terms of the Indenture. CONVERSION ARRANGEMENT ON CALL FOR REDEMPTION OR REPURCHASE Any Security called for redemption, or as to which a Repurchase Notice has been given but not withdrawn, unless surrendered for conversion before the close of business on the Business Day immediately preceding the Redemption Date or Repurchase Date, as the case may be, may be deemed to be purchased from the Holders of such Securities at an amount not less than the Redemption Price or Repurchase Price, as the case may be, by one or more investment bankers or other purchasers who may agree with the Company to purchase such Securities from the Holders, to conver...
REPURCHASE OF SECURITIES AT THE OPTION. OF THE HOLDER UPON --------------------------------------------------------- A CHANGE OF CONTROL TRIGGERING EVENT. ------------------------------------
