Common use of Repurchase Right Upon Fundamental Change Clause in Contracts

Repurchase Right Upon Fundamental Change. General. In the event that a Fundamental Change shall occur at any time prior to Maturity of the Securities, each Holder shall have the right (the "REPURCHASE RIGHT"), at the Holder's option to require the Company to repurchase, and upon the exercise of such right in accordance with this Section 11.01 hereof the Company shall repurchase, all of such Holder's Securities not theretofore called for redemption, or any portion of the principal amount thereof that is equal to $1,000 or any whole multiple thereof (provided, however, that no single Security may be repurchased in part unless the portion of the principal amount of such Security to be Outstanding after such repurchase is equal to $1,000 or whole multiples thereof), on the date (the "REPURCHASE DATE") that is not less than 20 nor more than 35 Business Days after the date of the Company Notice at a repurchase price equal to 100% of the principal amount of the Securities to be repurchased, plus any accrued and unpaid interest (including Liquidated Damages, if any) to, but excluding, the Repurchase Date (the "REPURCHASE PRICE"); provided, however, that if the Repurchase Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company shall pay the full amount of any accrued and unpaid interest (including Liquated Damages, if any) payable on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date; provided, further, that installments of interest on Securities whose Stated Maturity is prior to or on the Repurchase Date shall be payable to the Holders of such Securities, or one or more Predecessor Securities, registered as such on the relevant Record Date according to their terms and the provisions of Section 2.01 hereof.

Repurchase Right Upon Fundamental Change. General. (a) In the event that a Fundamental Change shall occur at any time prior to Maturity of the Securitiesoccur, each Holder shall have the right (the "REPURCHASE RIGHT"“Repurchase Right”), at the Holder's option ’s option, but subject to the provisions of Section 11.3 hereof, to require the Company to repurchase, and upon the exercise of such right in accordance with this Section 11.01 hereof the Company shall repurchase, all of such Holder's ’s Securities not theretofore called for redemption, or any portion of the principal amount thereof that is equal to $1,000 or any whole integral multiple thereof (provided, however, that no single Security may be repurchased in part unless the portion of the principal amount of such Security to be Outstanding after such repurchase is equal to $1,000 or whole integral multiples thereof), on the date (the "REPURCHASE DATE"“Repurchase Date”) that is not less than 20 nor more than 35 Business Days 45 days after the date of the Company Notice at a repurchase purchase price equal to 100% of the principal amount of the Securities to be repurchasedrepurchased (the “Repurchase Price”), plus any interest accrued and unpaid interest (including Liquidated Damages, if any) to, but excluding, the Repurchase Date (the "REPURCHASE PRICE")Date; provided, however, that if the Repurchase Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company shall pay the full amount of any accrued and unpaid interest (including Liquated Damages, if any) payable on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date; provided, further, that installments of interest on Securities whose Stated Maturity is prior to or on the Repurchase Date shall be payable to the Holders of such Securities, or one or more Predecessor Securities, registered as such on the relevant Record Date according to their terms and the provisions of Section 2.01 2.1 hereof.

Repurchase Right Upon Fundamental Change. General. (a) In the event that a Fundamental Change shall occur at any time prior to Maturity of the Securitiesoccur, each Holder shall have the right (the "REPURCHASE RIGHT"“Repurchase Right”), at the Holder's option ’s option, but subject to the provisions of Section 11.3 hereof, to require the Company to repurchase, and upon the exercise of such right in accordance with this Section 11.01 hereof the Company shall repurchase, all of such Holder's ’s Securities not theretofore called for redemption, or any portion of the principal amount thereof that is equal to $1,000 or any whole integral multiple thereof (provided, however, that no single Security may be repurchased in part unless the portion of the principal amount of such Security to be Outstanding after such repurchase is equal to $1,000 or whole integral multiples thereof), on the date (the "REPURCHASE DATE"“Repurchase Date”) that is not less than 20 nor more than 35 Business Days 45 days after the date of the Company Notice at a repurchase purchase price equal to 100% of the principal amount of the Securities to be repurchasedrepurchased (the “Repurchase Price”), plus any interest accrued and unpaid interest (including Liquidated Damages, if any) to, but excluding, the Repurchase Date (the "REPURCHASE PRICE")Date; provided, however, that if the Repurchase Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company shall pay the full amount of any accrued and unpaid interest (including Liquated Damages, if any) payable on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date; provided, further, that installments of interest on Securities whose Stated Maturity is prior to or on the Repurchase Date shall be payable to the Holders of such Securities, or one or more Predecessor Securities, registered as such on the relevant Record Date according to their terms and the provisions of Section 2.01 2.1 hereof.

Repurchase Right Upon Fundamental Change. General. (a) In the event that a Fundamental Change shall occur at any time prior to Maturity of the Securitiesoccur, each Holder shall have the right (the "REPURCHASE RIGHT"“Repurchase Right”), at the Holder's option ’s option, but subject to the provisions of Section 11.3 hereof, to require the Company to repurchase, and upon the exercise of such right in accordance with this Section 11.01 hereof the Company shall repurchase, all of such Holder's ’s Securities not theretofore called for redemption, or any portion of the principal amount thereof that is equal to $1,000 or any whole integral multiple thereof (provided, however, that no single Security may be repurchased in part unless the portion of the principal amount of such Security to be Outstanding after such repurchase is equal to $1,000 or whole integral multiples thereof), on the date (the "REPURCHASE DATE"“Repurchase Date”) that is not less than 20 nor more than 35 Business Days 45 days after the date of the Company Notice at a repurchase purchase price equal to 100% of the principal amount of the Securities to be repurchasedrepurchased (the “Repurchase Price”), plus any interest accrued and unpaid interest (including Liquidated Damages, if any) to, but excluding, the Repurchase Date (the "REPURCHASE PRICE")Date; provided, however, that if the Repurchase Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company shall pay the full amount of any accrued and unpaid interest (including Liquated Damages, if any) payable on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date; provided, further, that installments of interest on Securities whose Stated Maturity is prior to or on the Repurchase Date shall be payable to the Holders of such Securities, or one or more Predecessor Securities, registered as such on the relevant Record Date according to their terms and the provisions of Section 2.01 2.1 hereof. If there shall have occurred a Fundamental Change and all of the consideration for the Common Stock in the transaction or transactions constituting the Fundamental Change consists of cash (a “Cash Buy-Out”), the Company will pay a Make-Whole Premium, if any, to the Holders of the Securities in addition to the Repurchase Price.