Repurchase of Securities upon a Change of Control. The Company must commence, within 30 days of the occurrence of a Change of Control, and consummate an Offer to Purchase for all the Securities then outstanding, at a purchase price equal to 101% of the principal amount of the Securities on the date of purchase and accrued and unpaid interest (if any) on such amount to the date of purchase. Prior to the mailing of the notice to Holders of Securities commencing such Offer to Purchase, but in any event within 30 days following any Change of Control, WCI covenants to (i) repay in full all indebtedness of WCI and the Company that would prohibit the repurchase of the Securities pursuant to such Offer to Purchase or (ii) obtain any requisite consents under instruments governing any such indebtedness of WCI and the Company to permit the repurchase of the Securities. WCI shall first comply with the covenant in the preceding sentence before the Company shall repurchase Securities pursuant to this Section 4.12. WCI may not repurchase any subordinated obligations, including the Convertible Notes, until the Company has repurchased all Securities tendered pursuant to the Offer to Purchase Securities as a result of such Change of Control. However, if WCI is unable to repay all of its Indebtedness that would prohibit repurchase of the Securities or is unable to obtain the consents of the holders of Indebtedness, if any, outstanding at the time of a Change of Control whose consent would be so required to permit the repurchase of Securities of WCI or the Company or otherwise fail to purchase any Securities validly tendered, then WCI and the Company will have breached such covenant. This breach will constitute an Event of Default under this Indenture if it continues for a period of 30 consecutive days after written notice is given to WCI and the Company by the Trustee or the Holders of at least 25% in aggregate principal amount of the Securities outstanding. In addition, the failure by the Company to repurchase Securities at the conclusion of the Offer to Purchase will constitute an Event of Default without any waiting period or notice requirements.
Repurchase of Securities upon a Change of Control. (a) Upon a Change of Control, each Holder of the Securities shall have the right to require that the Issuer repurchase such Holder's Securities at a repurchase price in cash equal to 101% of the principal amount thereof plus accrued interest, if any, to the date of repurchase, in accordance with the terms set forth in subsection (b) below.
Repurchase of Securities upon a Change of Control. The Company must commence, within 30 days of the occurrence of a Change of Control, and consummate an Offer to Purchase for all Securities then outstanding, at a purchase price equal to 101% of the principal amount of the Securities on the relevant Payment Date, plus accrued interest (if any) to the Payment Date. Prior to the mailing of the notice to Holders commencing such Offer to Purchase, but in any event within 30 days following any Change of Control, the Company covenants to (i) repay in full all indebtedness of the Company that would prohibit the repurchase of the Securities pursuant to such Offer to Purchase or (ii) obtain any requisite consents under instruments governing any such indebtedness of the Company to permit the repurchase of the Securities. The Company shall first comply with the covenant in the preceding sentence before it shall be required to repurchase Securities pursuant to this Section 4.12.
Repurchase of Securities upon a Change of Control. Unless waived in writing by Holders of two-thirds in principal amount of the Securities then outstanding, the Company must commence, within 30 days of the occurrence of a Change of Control, and consummate an Offer to Purchase for all Securities then outstanding, at a purchase price equal to 101% of the Claimed Amount of the Securities on the relevant Payment Date (the “Change of Control Redemption Price”), plus accrued interest (if any) to the Payment Date. Prior to the mailing of the notice to Holders commencing such Offer to Purchase, but in any event within 30 days following any Change of Control, the Company covenants to (i) repay in full all indebtedness of the Company that would prohibit the repurchase of the Securities pursuant to such Offer to Purchase or (ii) obtain any requisite consents under instruments governing any such indebtedness of the Company to permit the repurchase of the Securities. The Company shall first comply with the covenant in the preceding sentence before it shall be required to repurchase Securities pursuant to this Section 4.12.
Repurchase of Securities upon a Change of Control. The Issuer shall commence, within 30 days after the occurrence of a Change of Control, an Offer to Purchase for all Securities then Outstanding in whole or in part in integral multiples of $1,000, at a purchase price equal to 101% of the principal amount thereof, plus accrued and unpaid interest to the Payment Date.
Repurchase of Securities upon a Change of Control. (a) Upon the occurrence of a Change of Control that results in a Ratings Decline (the “Change of Control Event”), each Holder shall have the right to require the Company to repurchase all or any part (equal to US$200,000 and integral multiples of US$1,000 in excess thereof) of that Holder’s Notes at a purchase price equal to 101% of the aggregate principal amount thereof, plus accrued and unpaid interest and Additional Amounts, if any, thereon to, but excluding, the payment date (the “Change of Control Payment”). (b) Within 30 days following any Change of Control Event, the Company shall make a “Change of Control Offer” by notice to each Holder, with a copy to the Trustee and correspondent publication in accordance with Sections 106 and 107 describing the transaction or transactions that constitute the Change of Control and offering to repurchase Notes on the date specified in the notice (the “Change of Control Payment Date”), which date shall be no earlier than 30 days and no later than 60 days from the date the notice is sent, except as may be required by law. (c) Installments of interest that are due on or prior to the Change of Control Payment Date shall be payable to the Holders of such Notes registered as such on the relevant Record Dates according to their terms and the provisions of Section 308. (d) If only a portion of a Note is purchased pursuant to a Change of Control Offer, a new Note in a principal amount equal to the portion thereof not purchased shall be issued in the name of the Holder thereof upon cancellation of the original Note (or adjustments to the amount and beneficial interests in a Global Note shall be made, as appropriate); provided that the remaining principal amount of such Holder’s Security shall not be less than U.S.$200,000 and shall be in integral multiples of U.S.$1,000 in excess thereof. The Trustee shall promptly authenticate and mail (or cause to be transferred by book entry if the Notes are Global Notes) such new Note to each Holder. (e) Notwithstanding anything to the contrary contained herein, a Change of Control Offer may be made in advance of a Change of Control, conditioned upon the consummation of such 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. (f) The Company shall comply, to the extent applicable, with the requirements of Section 14(e) of the Exchange Act and any other applicable securities laws and regulations in connection...
Repurchase of Securities upon a Change of Control. 10.13.1 Not later than 30 days following a Change of Control (as defined below) that results in a Ratings Decline (as defined below), the Company will make an Offer to Purchase (as defined below) all outstanding Securities at a purchase price equal to 101% of their principal amount plus accrued interest to the date of purchase.
Repurchase of Securities upon a Change of Control. The Company shall commence within 30 days of the later of (a) the occurrence of a Change of Control and (b) the end of the Change of Control Period with respect to a Change of Control, and consummate an Offer to Purchase for all Securities then Outstanding, at a purchase price equal to 101% of the principal amount thereof on the relevant Payment Date, plus accrued interest (if any) to the Payment Date; provided, however, that, the Company shall not be required to commence and consummate an Offer to Purchase if, at the time specified above for the commencement of an Offer to Purchase, such Securities shall be rated Investment Grade.
Repurchase of Securities upon a Change of Control. The Company must commence within 30 days of the occurrence of a Change of Control and consummate an Offer to Purchase for all Securities then outstanding at a purchase price equal to 101% of the principal amount plus interest (if any) to the date of purchase.
Repurchase of Securities upon a Change of Control. (a) If a Change of Control Repurchase Event occurs, unless the Company has exercised its option to redeem the Securities pursuant to Article Eleven, the Company shall make an offer to each holder of Securities to repurchase all or any part (each new Security will be in a principal amount of $2,000 and integral multiples of $1,000 in excess thereof) of that Holder’s Securities (the “Change of Control Offer”) at a repurchase price in cash equal to 101% of the aggregate principal amount of Securities repurchased, plus any accrued and unpaid interest on the Securities repurchased to, but excluding, the date of purchase (the “Change of Control Payment”).
