Common use of stating Clause in Contracts

stating. (1) that the Asset Sale Offer is being made pursuant to the provisions of Section 10.13 of this Indenture and that all Securities duly and timely tendered shall be accepted for payment (except, as provided above, if the aggregate principal amount as the case may be, of the Securities exceeds the amount of Excess Proceeds); (2) the purchase price and the purchase date (the “Asset Sale Purchase Date”), which date shall be no earlier than 30 days nor later than 60 days from the date such notice is mailed (or as otherwise required by the Exchange Act); (3) that any Securities not tendered shall continue to accrue interest; (4) that, unless the Company defaults in the payment of the purchase price, all Securities accepted for payment pursuant to the Asset Sale Offer shall cease to accrue interest after the Asset Sale Purchase Date; (5) that Holders electing to have any Securities purchased pursuant to an Asset Sale Offer shall be required to surrender the Securities, with the form entitled “Option of Holder to Elect Purchase” on the reverse of the Securities completed, to the Paying Agent at the address specified in the notice prior to the close of business on the third Business Day preceding the Asset Sale Purchase Date; (6) that Holders shall be entitled to withdraw their election if the Paying Agent receives, not later than the close of business on the second Business Day preceding the Asset Sale Purchase Date, a facsimile transmission or letter setting forth the name of the Holder, the principal amount of Securities delivered for purchase, and a statement that such Holder is withdrawing his election to have such Securities purchased; (7) that Holders whose Securities are being purchased only in part shall be issued new Securities equal in principal amount to the unpurchased portion of the Securities surrendered, which unpurchased portion must be equal to US$1,000 in principal amount or an integral multiple thereof; (8) any other procedures that the Holders of Securities must follow in order to tender their Securities; and (9) the circumstances and relevant facts regarding such Asset Sale.

stating. (1) that the Asset Sale Change of Control Offer is being made pursuant to the provisions of this Section 10.13 of this Indenture 4.15 and that all Securities duly and timely Notes tendered shall will be accepted for payment (except, as provided above, if the aggregate principal amount as the case may be, of the Securities exceeds the amount of Excess Proceeds)payment; (2) the purchase price and the purchase date (the “Asset Sale Purchase Date”)date, which date shall be no earlier than 30 days nor and no later than 60 days from the date such notice is mailed (or as otherwise required by the Exchange Act"Change of Control Payment Date"); (3) that any Securities Note not tendered shall will continue to accrue interest; (4) that, unless the Company defaults in the payment of the purchase priceChange of Control Payment, all Securities Notes accepted for payment pursuant to the Asset Sale Change of Control Offer shall cease to accrue interest after the Asset Sale Purchase Change of Control Payment Date; (5) that Holders electing to have any Securities Notes purchased pursuant to an Asset Sale a Change of Control Offer shall will be required to surrender the SecuritiesNotes, with the form entitled “"Option of Holder to Elect Purchase” " on the reverse of the Securities Notes completed, to the Paying Agent at the address specified in the notice prior to the close of business on the third Business Day preceding the Asset Sale Purchase Change of Control Payment Date; (6) that Holders shall will be entitled to withdraw their election if the Paying Agent receives, not later than the close of business on the second Business Day preceding the Asset Sale Purchase Change of Control Payment Date, a telegram, telex, facsimile transmission or letter setting forth the name of the Holder, the principal amount of Securities Notes delivered for purchase, and a statement that such Holder is withdrawing his election to have such Securities the Notes purchased; and (7) that Holders whose Securities Notes are being purchased only in part shall will be issued new Securities Notes equal in principal amount to the unpurchased portion of the Securities Notes surrendered, which unpurchased portion must be equal to US$$1,000 in principal amount or an integral multiple thereof; (8) . The Company shall comply with the requirements of Rule 14e-1 under the Exchange Act and any other procedures that securities laws and regulations thereunder to the Holders extent such laws and regulations are applicable in connection with the repurchase of Securities must follow in order to tender their Securities; and (9) the circumstances and relevant facts regarding such Asset SaleNotes as a result of a Change of Control.

stating. (1i) that the Asset Sale Offer covenant pursuant to which the offer is being made pursuant to the provisions of Section 10.13 of this Indenture and that all Securities duly and timely Notes validly tendered shall will be accepted for payment (except, as provided above, if the aggregate principal amount as the case may be, of the Securities exceeds the amount of Excess Proceeds)on a PRO RATA basis; (2ii) the purchase price and the date of purchase date (the “Asset Sale Purchase Date”), which date shall be a Business Day no earlier than 30 days nor later than 60 days from the date such notice is mailed mailed) (or as otherwise required by the Exchange Act"Payment Date"); (3iii) that any Securities Note not tendered shall will continue to accrue interestinterest pursuant to its terms; (4iv) that, unless the Company defaults in the payment of the purchase price, all Securities any Note accepted for payment pursuant to the Asset Sale Offer to Purchase shall cease to accrue interest on and after the Asset Sale Purchase Payment Date; (5v) that Holders electing to have any Securities a Note purchased pursuant to an Asset Sale the Offer shall to Purchase will be required to surrender the SecuritiesNote, together with the form entitled “"Option of the Holder to Elect Purchase” " on the reverse side of the Securities Note completed, to the Paying Agent at the address specified in the notice prior to the close of business on the third Business Day immediately preceding the Asset Sale Purchase Payment Date; (6vi) that Holders shall will be entitled to withdraw their election if the Paying Agent receives, not later than the close of business on the second third Business Day immediately preceding the Asset Sale Purchase Payment Date, a telegram, facsimile transmission or letter setting forth the name of the such Holder, the principal amount of Securities Notes delivered for purchase, purchase and a statement that such Holder is withdrawing his election to have such Securities Notes purchased; and (7vii) that Holders whose Securities Notes are being purchased only in part shall will be issued new Securities Notes equal in principal amount to the unpurchased portion of the Securities Notes surrendered, which unpurchased portion must ; PROVIDED that each Note purchased and each new Note issued shall be equal to US$1,000 in a principal amount of Euro 1,000 or an integral multiple thereof. On the Payment Date, the Company shall (i) accept for payment on a PRO RATA basis Notes or portions thereof tendered pursuant to an Offer to Purchase; (8) any other procedures that ii) deposit with the Paying Agent money sufficient to pay the purchase price of all Notes or portions thereof so accepted; and (iii) deliver, or cause to be delivered, to the Trustee all Notes or portions thereof so accepted together with an Officers' Certificate specifying the Notes or portions thereof accepted for payment by the Company. The Paying Agent shall promptly mail to the Holders of Securities must follow Notes so accepted payment in order an amount equal to tender their Securitiesthe purchase price, and the Trustee shall promptly authenticate and mail to such Holders a new Note equal in principal amount to any unpurchased portion of the Note surrendered; PROVIDED that each Note purchased and (9) each new Note issued shall be in a principal amount of Euro 1,000 or an integral multiple thereof. The Company will publicly announce the circumstances results of an Offer to Purchase as soon as practicable after the Payment Date. The Trustee shall act as the Paying Agent for an Offer to Purchase. The Company will comply with Rule 14e-1 under the Exchange Act and relevant facts regarding any other securities laws and regulations thereunder to the extent such Asset Salelaws and regulations are applicable, in the event that the Company is required to repurchase Notes pursuant to an Offer to Purchase.

stating. (1) that the Asset Sale Offer is being made pursuant to the provisions of Section 10.13 of this Indenture and that all Securities duly and timely tendered shall be accepted for payment (except, as provided above, if the aggregate principal amount as the case may be, of the Securities exceeds the amount of Excess Proceeds); (2) the purchase price and the purchase date (the “"Asset Sale Purchase Date”"), which date shall be no earlier than 30 days nor later than 60 days from the date such notice is mailed (or as otherwise required by the Exchange Act); (3) that any Securities not tendered shall continue to accrue interest; (4) that, unless the Company defaults in the payment of the purchase price, all Securities accepted for payment pursuant to the Asset Sale Offer shall cease to accrue interest after the Asset Sale Purchase Date; (5) that Holders electing to have any Securities purchased pursuant to an Asset Sale Offer shall be required to surrender the Securities, with the form entitled “"Option of Holder to Elect Purchase” " on the reverse of the Securities completed, to the Paying Agent at the address specified in the notice prior to the close of business on the third Business Day preceding the Asset Sale Purchase Date; (6) that Holders shall be entitled to withdraw their election if the Paying Agent receives, not later than the close of business on the second Business Day preceding the Asset Sale Purchase Date, a facsimile transmission or letter setting forth the name of the Holder, the principal amount of Securities delivered for purchase, and a statement that such Holder is withdrawing his election to have such Securities purchased; (7) that Holders whose Securities are being purchased only in part shall be issued new Securities equal in principal amount to the unpurchased portion of the Securities surrendered, which unpurchased portion must be equal to US$1,000 in principal amount or an integral multiple thereof; (8) any other procedures that the Holders of Securities must follow in order to tender their Securities; and (9) the circumstances and relevant facts regarding such Asset Sale.

stating. (1i) that the Asset Sale Offer covenant pursuant to which the offer is being made pursuant to the provisions of Section 10.13 of this Indenture and that all Securities duly and timely Notes validly tendered shall will be accepted for payment (except, as provided above, if the aggregate principal amount as the case may be, of the Securities exceeds the amount of Excess Proceeds)on a pro rata basis; (2ii) the purchase price and the date of purchase date (the “Asset Sale Purchase Date”), which date shall be a Business Day no earlier than 30 days nor later than 60 days from the date such notice is mailed made) (or as otherwise required by the Exchange Act"Payment Date"); (3iii) that any Securities Note not tendered shall will continue to accrue interestinterest pursuant to its terms; (4iv) that, unless the Company defaults in the payment of the purchase price, all Securities any Note accepted for payment pursuant to the Asset Sale Offer to Purchase shall cease to accrue interest on and after the Asset Sale Purchase Payment Date; (5v) that Holders electing to have any Securities a Note purchased pursuant to an Asset Sale the Offer shall to Purchase will be required to surrender the SecuritiesNote, together with the form entitled “"Option of the Holder to Elect Purchase” " on the reverse side of the Securities Note completed, to the Paying Agent at the address specified in the notice prior to the close of business on the third Business Day immediately preceding the Asset Sale Purchase Payment Date; (6vi) that Holders shall will be entitled to withdraw their election if the Paying Agent receives, not later than the close of business on the second third Business Day immediately preceding the Asset Sale Purchase Payment Date, a telegram, facsimile transmission or letter setting forth the name of the such Holder, the principal amount of Securities Notes 114 14 delivered for purchase, purchase and a statement that such Holder is withdrawing his election to have such Securities Notes purchased; and (7vii) that Holders whose Securities Notes are being purchased only in part shall will be issued new Securities Notes equal in principal amount to the unpurchased portion of the Securities Notes surrendered; provided that each Note purchased and each new Note issued shall be in a principal amount at maturity of DM 1,000 or integral multiples thereof. On the Payment Date, which unpurchased portion must the Company shall (i) accept for payment on a pro rata basis Notes or portions thereof tendered pursuant to an Offer to Purchase; (ii) deposit with the Paying Agent money sufficient to pay the purchase price of all Notes or portions thereof so accepted; and (iii) deliver, or cause to be delivered, to the Trustee all Notes or portions thereof so accepted together with an Officers' Certificate specifying the Notes or portions thereof accepted for payment by the Company. The Paying Agent shall promptly provide to the Holders of Notes so accepted payment in an amount equal to US$1,000 the purchase price, and the Trustee shall promptly authenticate and provide to such Holders a new Note equal in principal amount to any unpurchased portion of the Note surrendered; provided that each Note purchased and each new Note issued shall be in a principal amount of DM 1,000 or integral multiples thereof. The Company will publicly announce the results of an integral multiple thereof; (8) Offer to Purchase as soon as practicable after the Payment Date. The Trustee shall act as the Paying Agent for an Offer to Purchase. The Company will comply with Rule 14e-1 under the Exchange Act and any other procedures securities laws and regulations thereunder to the extent such laws and regulations are applicable, in the event that the Holders of Securities must follow in order Company is required to tender their Securities; and (9) the circumstances and relevant facts regarding such Asset Salerepurchase Notes pursuant to an Offer to Purchase.