Optional Repurchase Date Notice Clause Samples

Optional Repurchase Date Notice. No later than twenty five (25) Business Days before the Optional Repurchase Date, the Company will send to each Holder, the Trustee, the Conversion Agent and the Paying Agent a notice (an “Optional Repurchase Date Notice”). Such Optional Repurchase Date Notice must state: (i) the procedures that a Holder must follow to require the Company to repurchase its Notes pursuant to this Section 4.03, including the deadline for exercising the Optional Repurchase Right and the procedures for submitting and withdrawing an Optional Repurchase Notice; (ii) the Optional Repurchase Date; (iii) the Optional Repurchase Price and that the Holder of any Note at the Close of Business on the Regular Record Date immediately before the Optional Repurchase Date will be entitled to receive, on the Interest Payment Date falling on the Optional Repurchase Date, the unpaid interest that has accrued on such Note to, but excluding, such Interest Payment Date; (iv) the name and address of the Paying Agent and the Conversion Agent; (v) the Conversion Rate in effect on the date of such Optional Repurchase Date Notice; (vi) that Notes for which an Optional Repurchase Notice has been duly tendered and not duly withdrawn must be delivered to the Paying Agent for the Holder thereof to be entitled to receive the Optional Repurchase Price; (vii) that Notes (or any portion thereof) that are subject to an Optional Repurchase Notice that has been duly tendered may be Converted (if otherwise then Convertible pursuant to Article 5) only if such Optional Repurchase Notice is withdrawn in accordance with the Indenture; and (viii) the CUSIP and ISIN numbers, if any, of the Notes. Neither the failure to deliver an Optional Repurchase Date Notice nor any defect in an Optional Repurchase Date Notice will limit the Optional Repurchase Right of any Holder or otherwise affect the validity of any proceedings relating to any Optional Repurchase.