Right to Require Purchase. (a) If a Failed Remarketing occurs on any Remarketing Reset Date, each Holder of Securities will have the right to require the Company to purchase all or a portion of its Securities on such Remarketing Reset Date for cash. The Company shall purchase such Securities at a purchase price (the "Remarketing Purchase Price") equal to 100% of the Accreted Principal Amount (including accrued Contingent Accretion, if any) thereof as of the applicable Remarketing Reset Date, plus accrued and unpaid interest (including Liquidated Damages, if any) to, but excluding such Remarketing Reset Date. Each Holder must notify the Paying Agent on or prior to each Remarketing Reset Event Date and any subsequent Remarketing Reset Date of the aggregate Original Principal Amount of Securities it wants the Company to repurchase in the event of a Failed Remarketing. Holders of Securities will be deemed to have exercised their right to require the Company to purchase the aggregate Original Principal Amount of Securities unless they elected not to participate in the applicable remarketing by delivering a Notice to Opt Out of Remarketing pursuant to Section 16.03(a).
(b) If less than $50 million aggregate Original Principal Amount of Securities is to be remarketed on any Remarketing Reset Date because Holders of all remaining outstanding Securities have elected not to participate in such remarketing, there will not be a remarketing and such Holders who did not deliver the Notice to Opt Out of Remarketing, but only such Holders, will have the right to require to the Company to purchase all or a portion of their Securities on such Remarketing Reset Date for cash. Such Holders are deemed to exercise such right with respect to the aggregate Original Principal Amount of Securities for which they did not deliver the Notice to Opt Out of Remarketing. The Company shall purchase such Securities at the Remarketing Purchase Price.
(c) The procedures set forth in Sections 12.04 through 12.06 shall apply to the purchase of Securities by the Company pursuant to Sections 16.04(a) or (b), mutatis mutandis, except references to Purchase Date, Purchase Price and Purchase Notice shall be deemed to refer instead to Remarketing Purchase Date, Remarketing Purchase Price, and the purchase notice pursuant to Section 16.04(a), respectively. A purchase notice pursuant to Section 16.04(a) may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent at any time prior to t...
Right to Require Purchase. (a) [If a Fundamental Change occurs, Holders shall have the right, at their option, to require the Company to Purchase all of such Holder's Notes not previously called for redemption, or any portion of the principal amount thereof, that is equal to $1,000 or an integral multiple of $1,000, on the Fundamental Change Purchase Date. A "Fundamental Change" shall be deemed to have occurred at such time as (a) any Person, including its Affiliates and associates, other than Permitted Holders, files a Schedule 13D or TO (or any successor schedule, form or report under the Exchange Act) disclosing that such Person has become the Beneficial Owner of 50% or more of the total voting power in the aggregate of all classes the Company's Capital Stock then outstanding normally entitled to vote in elections of the Board of Directors, (b) there shall be consummated any consolidation or merger of the Company pursuant to which the Common Stock would converted into cash, securities or other property, in each case other than a consolidation or merger of the Company in which the holders of Common Stock immediately prior to the consolidation or merger have, directly or indirectly, at least a majority of the total voting power in the aggregate of all classes of Capital Stock of the continuing or surviving corporation normally entitled to vote in elections of directors immediately after the consolidation or merger or (c) the Company shall sell, convey, transfer or lease all or substantially all of its properties and assets to any Person other than a Permitted Holder.
Right to Require Purchase. 81 Section 13.02. Effect of Change in Control Purchase Notice....................85 Section 13.03. Deposit of Change in Control Purchase Price....................86 Section 13.04. Securities Purchased in Part...................................87 Section 13.05. Repayment to the Company.......................................87
Right to Require Purchase. 77 Section 12.02. Purchase Procedures............................................77 Section 12.03.
Right to Require Purchase. (a) Unless a Remarketing Reset Event occurs, each Holder has the right to require the Company to purchase all or a portion of the Securities held by such Holder on December 1, 2006, 2008, 2013, 2018, 2023, and 2028, or if any such day is not a Business Day, on the immediately succeeding Business Day (each, a "Purchase Date"), if the Securities are not immediately convertible into Common Stock on such Purchase Date.
(b) The Company shall give notice of each Purchase Date and of the procedures set forth in Section 12.02 that each Holder must follow to exercise its purchase right to each Holder at its address set forth in the Security Register and to the Depositary, not later than 20 Business Days prior to each Purchase Date.
Right to Require Purchase. (a) Each Holder has the right to require the Company to purchase all or a portion of the Securities held by such Holder on August 15, 2008, 2013, 2018, 2023, and 2028, or if any such day is not a Business Day, on the immediately succeeding Business Day (each, a "Purchase Date").
(b) On or before the 20/th/ Business Day prior to each Purchase Date, the Company shall mail a written notice to the Trustee and any Paying Agent and to each Holder at its address shown in the Security Register. The notice shall include the form of Purchase Notice to be completed by the Holder and shall state:
(i) the Purchase Price;
(ii) the name and address of the Paying Agent and the Conversion Agent;
(iii) the Conversion Rate and any adjustments to the Conversion Rate;
(iv) that the Securities with respect to which a Purchase Notice has been given by the Holder may be converted only if the Holder withdraws the Purchase Notice in accordance with the terms of the Indenture; and
(v) the procedures set forth in Section 12.02 that each Holder must follow to exercise its right to require the Company to purchase such Holder's Securities. In connection with providing such notice, the Company shall issue a press release containing the information included in the notice and publish such information on its website on the World Wide Web.
Right to Require Purchase. SECTION 14.01.
Right to Require Purchase. Notwithstanding the foregoing, in the event of a Fundamental Transaction other than one in which a Successor Entity that is a publicly traded corporation whose stock is quoted or listed for trading on an Eligible Market assumes all obligations under this Warrant Certificate such that the Warrants represented thereby shall be exercisable for the publicly traded common stock of such Successor Entity, at the request of the Holder delivered before the ninetieth (90th) day after the consummation of such Fundamental Transaction, the Company (or the Successor Entity) shall purchase all, but not less than all, of the remaining unexercised Warrants from the Holder by paying to the Holder, within five (5) Business Days after such request (or, if later, five (5) Business Days after the effective date of the Fundamental Transaction), cash in an amount equal to the Black Scholes Value of the remaining unexercised Warrants on the date of such Fundamental Transaction.
Right to Require Purchase. In the event that there shall occur a Change in Control (as defined in Section 8.6), then each Holder shall have the right, at such Holder's option, to require the Company, subject to the provisions of Section 7.3, to repurchase all or any designated part of such Holder's 1997A Notes on the date (the "Repurchase Date") that is 75 days after the date the Company gives notice of the Change in Control as contemplated in Section 8.2(a) at a price (the "Repurchase Price") equal to 100% of the principal amount thereof, together with accrued and unpaid interest through the Repurchase Date. Such right to require the repurchase of 1997A Notes shall continue notwithstanding a discharge of the Company from its obligations with respect to the 1997A Notes in accordance with Article Four of the Indenture.
Right to Require Purchase. 76 SECTION 14.02. Conditions and Procedures Relating to the Company's Election to Pay the Purchase Price in Common Stock......................... 76 SECTION 14.03. Notice, Method of Exercising Purchase Right................................ 78 SECTION 14.04. Deposit of Purchase Price.................................................. 79 SECTION 14.05. Securities Not Purchased in Part........................................... 79 SECTION 14.06. Securities Purchased in Part............................................... 79 SECTION 14.07. Certain Definitions........................................................ 79 ARTICLE XV
