Common use of REPURCHASE OF SECURITIES AT OPTION OF THE HOLDER UPON A CHANGE OF CONTROL Clause in Contracts

REPURCHASE OF SECURITIES AT OPTION OF THE HOLDER UPON A CHANGE OF CONTROL. (a) In the event that a Change of Control occurs, each Holder shall have the right, at such Holder's option, pursuant to an irrevocable and unconditional offer by the Company (the "Change of Control Offer") subject to the terms and conditions of this Indenture, to require the Company to repurchase all or any part of such Holder's Securities (PROVIDED, that the principal amount of such Securities at maturity must be $1,000 or an integral multiple thereof) on a date selected by the Company that is no later than 35 Business Days after the occurrence of such Change of Control (the "Change of Control Purchase Date"), at a cash price (the "Change of Control Purchase Price") equal to 101% of the principal amount thereof, plus (subject to the right of Holders of record on a Record Date to receive interest due on an Interest Payment Date that is on or prior to such repurchase date and subject to clause (b)(4) below) accrued and unpaid interest, if any, to the Change of Control Purchase Date. If the terms of any outstanding Senior Debt prohibit the Company from repurchasing Securities in accordance with the terms of paragraph (a) of this Section 10.1, then prior to the making of the offer, but in any event within 10 Business Days following any Change of Control, the Company covenants to (i) repay in full such Senior Debt or offer to repay in full such Senior Debt and repay such Senior Debt of each holder thereof who has accepted such offer or (ii) obtain the requisite consent under such Senior Debt to permit the repurchase of Securities in accordance with the terms of this Section 10.1. The Company shall first comply with the preceding sentence before it shall be required to repurchase Securities pursuant to this Section 10.1.

REPURCHASE OF SECURITIES AT OPTION OF THE HOLDER UPON A CHANGE OF CONTROL. (a) In the event that a Change of Control occurshas occurred, each Holder shall holder of Securities will have the right, at such Holderholder's option, pursuant to an irrevocable and unconditional offer (subject only to conditions required by applicable law, if any) by the Company (the "Change of Control Offer") subject to the terms and conditions of this Indenture), to require the Company to repurchase all or any part of such Holderholder's Securities (PROVIDED, that the principal amount of such Securities at maturity must be $1,000 or an integral multiple thereof) on a date selected by (the Company "Change of Control Purchase Date") that is no later than 35 Business Days after the occurrence of such Change of Control (the "Change of Control Purchase Date")Control, at a cash price equal to 101% of the principal amount thereof (the "Change of Control Purchase Price") equal to 101% of the principal amount thereof), plus (subject to the right of Holders of record on a Record Date to receive interest due on an Interest Payment Date that is on or prior to such repurchase date and subject to clause (b)(4) below) together with accrued and unpaid interestinterest and Liquidated Damages, if any, to the Change of Control Purchase Date. If Notwithstanding anything in this Article X to the terms of any outstanding Senior Debt prohibit the Company from repurchasing Securities in accordance with the terms of paragraph (a) of this Section 10.1contrary, then prior to the making commencement of the offera Change of Control Offer, but in any event within 10 Business Days 30 days following any Change of Control, the Company covenants to shall (ii)(a) repay in full such and terminate all commitments under Indebtedness under the Credit Agreement and all other Senior Debt the terms of which require repayment upon a Change of Control or (b) offer to repay in full and terminate all commitments under all Indebtedness under the Credit Agreement and all such other Senior Debt and repay such Senior Debt of the Indebtedness owed to each holder thereof who lender which has accepted such offer in full or (ii) obtain the requisite consent consents under the Credit Agreement and all such other Senior Debt to permit the repurchase of the Securities in accordance with the terms of this Section 10.1as provided herein. The Company shall first Company's failure to comply with the preceding sentence before it shall be required to repurchase Securities pursuant to this constitute an Event of Default described in Section 10.16.1(iv) and not in Section 6.1(ii).

REPURCHASE OF SECURITIES AT OPTION OF THE HOLDER UPON A CHANGE OF CONTROL. (a) In a)In the event that a Change of Control occurs, each Holder shall have the right, at such Holder's option, pursuant to an irrevocable and unconditional offer by the Company (the "Change of Control Offer") subject to the terms and conditions of this Indenture, to require the Company to repurchase all or any part of such Holder's Securities (PROVIDED, that the principal amount of such Securities at maturity must be $1,000 or an integral multiple thereof) on a date selected by the Company that is no later than 35 Business Days after the occurrence of such Change of Control (the "Change of Control Purchase Date"), at a cash price (the "Change of Control Purchase Price") equal to 101% of the principal amount thereof, plus (subject to the right of Holders of record on a Record Date to receive interest due on an Interest Payment Date that is on or prior to such repurchase date and subject to clause (b)(4) below) accrued and unpaid interest, if any, to the Change of Control Purchase Date. If the terms of any outstanding Senior Debt prohibit the Company from repurchasing Securities in accordance with the terms of paragraph (a) of this Section 10.1, then prior to the making of the offer, but in any event within 10 Business Days following any Change of Control, the Company covenants to (i) repay in full such Senior Debt or offer to repay in full such Senior Debt and repay such Senior Debt of each holder thereof who has accepted such offer or (ii) obtain the requisite consent under such Senior Debt to permit the repurchase of Securities in accordance with the terms of this Section 10.1. The Company shall first comply with the preceding sentence before it shall be required to repurchase Securities pursuant to this Section 10.1.