Common use of Repurchase of Securities at Option of the Holder upon a Fundamental Change Clause in Contracts

Repurchase of Securities at Option of the Holder upon a Fundamental Change. (a) If at any time that Securities remain outstanding there shall have occurred a Fundamental Change, Securities shall be repurchased by the Company, at the option of the Holder thereof, at a price in cash (the “Fundamental Change Repurchase Price”) equal to 100% of the aggregate principal amount of such Securities plus accrued but unpaid interest thereon, up to but not including the date (the “Fundamental Change Repurchase Date”) fixed by the Company that is not less than 30 days nor more than 45 days after the date the Company Fundamental Change Repurchase Notice (as defined below) is given, subject to satisfaction by or on behalf of the Holder of the requirements set forth in Section 3.09(c); provided that if the Fundamental Change Repurchase Date is between the close of business on a record date and the opening of business on the related interest payment date, accrued but unpaid interest will be payable to the Holders in whose names the Securities are registered at the close of business on the relevant record date.