RIGHT OF HOLDERS TO REQUIRE. THE COMPANY TO REPURCHASE NOTES UPON A FUNDAMENTAL CHANGE.
RIGHT OF HOLDERS TO REQUIRE the Company to Repurchase Notes upon a Fundamental Change or Asset Sale resulting in Asset Sale Excess Proceeds. If a Fundamental Change occurs, then each Holder will have the right to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) for cash in the manner, and subject to the terms, set forth in Section 4.02 of the Indenture. If the Company is required under the Credit Agreement to make a mandatory repurchase of Notes from a portion of Asset Sale Excess Proceeds, then each Holder will have the right to require the Company to repurchase a specified portion of such Holder’s Notes (or any portion thereof in an Authorized Determination) for cash in the manner, and subject to the terms, set forth in Section 3.09 of the Indenture.
RIGHT OF HOLDERS TO REQUIRE the Company to Repurchase Notes upon a Fundamental Change. (A) Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02, if a Fundamental Change occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal to the Fundamental Change Repurchase Price. (B) Repurchase Prohibited in Certain Circumstances. If the principal amount of the Notes has been accelerated and such acceleration has not been rescinded on or before the
