Common use of Third Party May Conduct Repurchase Offer In Lieu of the Company Clause in Contracts

Third Party May Conduct Repurchase Offer In Lieu of the Company. Notwithstanding anything to the contrary in this Section 4.02, the Company will be deemed to satisfy its obligations under this Section 4.02 if one or more third parties conduct any Repurchase Upon Fundamental Change and related offer to repurchase Notes otherwise required by this Section 4.02 in a manner that would have satisfied the requirements of this Section 4.02 if conducted directly by the Company.

Third Party May Conduct Repurchase Offer In Lieu of the Company. Notwithstanding anything to the contrary in this Section 4.028, the Company will be deemed to satisfy its obligations under this Section 4.02 8 if one or more third parties conduct any Repurchase Upon Fundamental Change and related offer to repurchase Notes Convertible Preferred Stock otherwise required by this Section 4.02 8 in a manner that would have satisfied the requirements of this Section 4.02 8 if conducted directly by the Company.

Third Party May Conduct Repurchase Offer In Lieu of the Company. Notwithstanding anything to the contrary in this Section 4.02, the The Company will be deemed to satisfy its obligations under to offer to repurchase, and to repurchase, the Notes pursuant to this Section 4.02 if one or more a third parties conduct any Repurchase Upon Fundamental Change party makes such an offer in the same manner, at the same time and related otherwise in compliance with the requirements for an offer to repurchase Notes otherwise required made by the Company as set forth in this Section 4.02 and such third party purchases all Notes properly surrendered and not validly withdrawn under its offer in a manner that would have satisfied the same manner, at the same time and otherwise in compliance with the requirements of for an offer made by the Company as set forth in this Section 4.02 if conducted directly by the Company4.02.

Third Party May Conduct Repurchase Offer In Lieu of the Company. Notwithstanding anything to the contrary in this Section ‎Section 4.02, the Company will be deemed to satisfy its obligations under this Section ‎Section 4.02 if one or more third parties conduct any Repurchase Upon Fundamental Change and related offer to repurchase Notes otherwise required by this Section ‎Section 4.02 in a manner the same manner, at the same time and otherwise in compliance with the requirements for an offer made by the Company as provided in this ‎Section 4.02 that would have satisfied the requirements of this Section ‎Section 4.02 if conducted directly by the Company.

Third Party May Conduct Repurchase Offer In Lieu of the Company. Notwithstanding anything to the contrary in this Section 4.02, the Company will be deemed to satisfy its obligations under this Section 4.02 if one or more third parties conduct any Repurchase Upon Fundamental Change and related offer to repurchase Notes otherwise required by this Section 4.02 in a manner the same manner, at the same time and otherwise in compliance with the requirements for an offer made by the Company as provided in this Section 4.02 that would have satisfied the requirements of this Section 4.02 if conducted directly by the Company.

Third Party May Conduct Repurchase Offer In Lieu of the Company. Notwithstanding anything to the contrary in this Section 4.02Article 9, the Company will be deemed to satisfy its obligations under this Section 4.02 Article 9 if one or more third parties conduct any Repurchase Upon Fundamental Change and related offer to repurchase Notes otherwise required by this Section 4.02 Article 9 in a manner that would have satisfied the requirements of this Section 4.02 Article 9 if conducted directly by the Company.

Third Party May Conduct Repurchase Offer In Lieu of the Company. Notwithstanding anything to the contrary in this Section 4.02, the Company will be deemed to satisfy its obligations under this Section 4.02 if one or more third parties conduct any Repurchase Upon Fundamental Change and related offer to repurchase Notes otherwise required by this Section 4.02 in a manner and at such time that would have satisfied the requirements of this Section 4.02 if conducted directly by the Company.