Common use of Repurchase at Option of Holders Upon a Fundamental Change Clause in Contracts

Repurchase at Option of Holders Upon a Fundamental Change. (a) If a Fundamental Change occurs at any time, then each Noteholder shall have the right, at such holder’s option, to require the Company to repurchase all of such holder’s Notes or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple of $1,000, for cash on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than twenty (20) days and not more than thirty five (35) days after the date of the Fundamental Change Repurchase Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest (including Additional Interest, if any) and Extension Fees and Additional Extension Fees, if any, thereon to, but excluding, the Fundamental Change Repurchase Date (unless the Fundamental Change Repurchase Date is between a regular record date and the corresponding Interest Payment Date) (the “Fundamental Change Repurchase Price”). Repurchases of Notes under this Section 14.01 shall be made, at the option of the holder thereof, upon:

Repurchase at Option of Holders Upon a Fundamental Change. (a) If Subject to Section 3.01(e) hereof, upon the occurrence of a Fundamental Change occurs at any timetime prior to Maturity, then each Noteholder shall have the right, at such holder’s option, to holder may require the Company to repurchase all of such holder’s Notes no less than 20 days and no more than 35 days after the mailing of the Fundamental Change Repurchase Right Notice (the “Fundamental Change Repurchase Date”), and the Company shall repurchase on the Fundamental Change Repurchase Date, any or all Notes submitted for repurchase for cash, or any portion of the initial principal amount thereof that is equal to $1,000 or an integral multiple of $1,000thereof, for cash on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than twenty (20) days and not more than thirty five (35) days after the date of the Fundamental Change Repurchase Company Notice at a repurchase price equal to 100% of the aggregate principal amount thereof, together with thereof plus accrued and unpaid interest (including Additional Interest, if any) and Extension Fees and Additional Extension Feesinterest, if any, thereon to, to but excluding, not including the Fundamental Change Repurchase Date (the “Fundamental Change Payment”), unless the such Fundamental Change Repurchase Date is between falls after a regular record date and on or prior to the corresponding Interest Payment Date) , in which case the Company shall pay the full amount of accrued and unpaid interest payable on such Interest Payment Date to the holder of record at the close of business on the corresponding record date. At least 15 Trading Days prior to the expected Effective Date of a Fundamental Change, the Company will provide to all holders of the Notes, the Trustee, the paying agent and the Conversion Agent a conversion right notice (the “Fundamental Change Repurchase PriceConversion Right Notice”). Repurchases of Notes under this Section 14.01 shall be made, at the option of the holder thereof, upon) stating:

Repurchase at Option of Holders Upon a Fundamental Change. (a) If a Fundamental Change occurs at any time, then each Noteholder Holder shall have the right, at such holderHolder’s option, to require the Company to repurchase all of such holderHolder’s Notes or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple of $1,0001,000 in excess thereof, for cash on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than twenty (20) days 20 and not more than thirty five (35) days 35 Business Days after the date of the Fundamental Change Repurchase Company Right Notice at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest (including any Additional Interest, if any) and Extension Fees and Additional Extension Fees, if any, thereon to, but excluding, the Fundamental Change Repurchase Date (Date, unless the such Fundamental Change Repurchase Date is between falls after the Close of Business on a regular record date Regular Record Date and on or prior to the Close of Business on the corresponding Interest Payment Date) , in which case the Company shall pay the full amount of accrued and unpaid interest payable on such Interest Payment Date to the Holder of record at the Close of Business on the corresponding Regular Record Date (the “Fundamental Change Repurchase Price”). Repurchases of Notes under this Section 14.01 3.01 shall be made, at the option of the holder Holder thereof, upon:

Repurchase at Option of Holders Upon a Fundamental Change. (a) If Subject to Section 3.05(e) hereof, upon the occurrence of a Fundamental Change occurs at any timetime prior to Maturity, then each Noteholder shall have the right, at such holder’s option, to holder may require the Company to repurchase all of such holder’s Notes no less than 20 days and no more than 35 days after the mailing of the Fundamental Change Repurchase Right Notice (the “Fundamental Change Repurchase Date”), and the Company shall repurchase on the Fundamental Change Repurchase Date, any or all Notes submitted for repurchase for cash, or any portion of the initial principal amount thereof that is equal to $1,000 or an integral multiple of $1,000thereof, for cash on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than twenty (20) days and not more than thirty five (35) days after the date of the Fundamental Change Repurchase Company Notice at a repurchase price equal to 100% of the aggregate principal amount thereof, together with thereof plus accrued and unpaid interest (including Additional Interest, if any) and Extension Fees and Additional Extension Feesinterest, if any, thereon to, to but excluding, not including the Fundamental Change Repurchase Date (the “Fundamental Change Payment”), unless the such Fundamental Change Repurchase Date is between falls after a regular record date and on or prior to the corresponding Interest Payment Date) , in which case the Company shall pay the full amount of accrued and unpaid interest payable on such Interest Payment Date to the holder of record at the close of business on the corresponding record date. At least 15 Trading Days prior to the expected Effective Date of a Fundamental Change, the Company will provide to all holders of the Notes, the Trustee, the paying agent and the Conversion Agent a conversion right notice (the “Fundamental Change Repurchase PriceConversion Right Notice”). Repurchases of Notes under this Section 14.01 shall be made, at the option of the holder thereof, upon) stating: