Right to Require Repurchase Sample Clauses

Right to Require Repurchase. In the event that a Change in Control shall occur, then each Holder shall have the right, at the Holder’s option, but subject to the provisions of Section 12.2, to require the Company to repurchase, and upon the exercise of such right the Company shall repurchase, all of such Holder’s Securities not theretofore called for redemption, or any portion of the principal amount thereof that is equal to U.S.$1,000 or any greater integral multiple of U.S.$1,000, on the date (the “Repurchase Date”) that is fixed by the Company at a cash purchase price equal to 100% of the principal amount of the Securities to be repurchased plus interest accrued to the Repurchase Date (the “Repurchase Price”); provided, however, that installments of interest on Securities whose Stated Maturity is on or prior to the Repurchase Date shall be payable to the Holders of such Securities, or one or more Predecessor Securities, registered as such on the relevant Record Date according to their terms and the provisions of Section 2.8. The Repurchase Date will be determined by the Company in the following manner: (i) the Company will give notice of the Change in Control as contemplated in Section 12.3(a); (ii) each Holder electing to exercise the repurchase right must deliver, on or before the thirtieth (30th) day (or such greater period as may be required by applicable law) after the date of the Company’s notice provided in provision (i) above: (A) irrevocable written notice to the trustee of such Holder’s exercise of its repurchase right, and (B) the Securities with respect to which such repurchase right is being exercised; and (iii) the Company will make the repurchase on a date that is no later than 45 days after the Holder has delivered the notice provided in proviso (ii) above. Such right to require the repurchase of the Securities shall not continue after a discharge of the Company from its obligations with respect to the Securities in accordance with Article Three unless a Change in Control shall have occurred prior to such discharge. At the option of the Company, the Repurchase Price may be paid in cash or, subject to the fulfillment by the Company of the conditions set forth Section 12.2, by delivery of shares of Common Stock or in a combination of cash and Common Stock having a fair market value equal to the Repurchase Price. Whenever in this Indenture (including Sections 2.2, 4.1(a) and 4.8) there is a reference, in any context, to the principal of any Security as of any time, suc...
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Right to Require Repurchase. In the event that there shall occur a Change in Control (as defined in Section 12.5), each Holder shall have the right, at such Holder's option, to require the Company to purchase, and upon the exercise of such right, the Company shall, subject to the provisions of Article XI, purchase, all or any part of such Holder's Notes on the date (the "Repurchase Date") that is 75 days after the date the Company gives notice of the Change in Control as contemplated in Section 12.2(1) at a price (the "Repurchase Price") equal to 101% of the principal amount thereof, together with accrued and unpaid interest to the Repurchase Date. In connection with the exercise of the repurchase right by a Holder prior to a Redemption Date, a Holder's right to exercise his repurchase right shall terminate at the close of business on the Business Day prior to the Redemption Date.
Right to Require Repurchase. In the event that a Change in Control shall occur, each Holder shall have the right, at the Holder's option, to require the Company to repurchase (subject to the provisions of Section 13.03) all of such Holder's Securities, or any portion of the principal amount thereof that is an integral multiple of $1,000 (provided that no single Security may be repurchased in part unless the portion of the principal amount of such Security to be outstanding after such repurchase is equal to $1,000 or an integral multiple of $1,000), on the date (the "Repurchase Date") that is 45 Business Days after the date of the occurrence of a Change in Control at a purchase price equal to 100% of the principal amount plus interest (including Liquidated Damages, if any) accrued and unpaid to the Repurchase Date (the "Repurchase Price"). At the option of the Company, the Repurchase Price may be paid in cash or, subject to the fulfillment by the Company of the conditions set forth in Section 11.02, by delivery of that number of shares of Common Stock equal to the quotient of (i) the Repurchase Price divided by (ii) 95% of the average of the Closing Prices of the Common Stock for the five consecutive Trading Days ending on and including the third Trading Day immediately preceding the date of the occurrence of the Change in Control.
Right to Require Repurchase. If, at any time prior to September 30, 2007 there shall occur a Repurchase Event, then each Holder shall have the right, at such Holder's option, to require the Company to repurchase all of such Holder's Notes, or any portion thereof (in principal amounts of $1,000 or integral multiples thereof), on the date (the "Repurchase Date") that is forty-five (45) Business Days after the date of the occurrence of a Repurchase Event at a price equal to 100% of the principal amount of Notes such Holder elects to require the Company to repurchase, together with accrued and unpaid interest on such principal amount, if any, up to but excluding the repurchase date (the "Repurchase Price").
Right to Require Repurchase. In the event that a Change in Control shall occur, each Holder shall have the right, at the Holder's option, to require the Company to repurchase (subject to the provisions of Section 5.03 hereof), and upon the exercise of such right the Company shall repurchase, all of such Holder's Series 8-3/4% Notes, or any portion of the principal amount thereof that is an integral multiple of $1,000 (provided that no single Series 8-3/4% Note may be repurchased in part unless the portion of the principal amount of such Series 8-3/4% Note to be outstanding after such repurchase is equal to $1,000 or an integral multiple of $1,000), on the date (the "Repurchase Date") that is not later than 30 Business Days after the date of the occurrence of a Change in Control for cash at a purchase price equal to 100% of the principal amount plus interest accrued and unpaid to the Repurchase Date (subject to the right of Holders of record on the Regular Record Date to receive interest on the relevant Interest Payment Date) (the "Repurchase Price"). If the Repurchase Date is between a Regular Record Date and the related Interest Payment Date, then the interest payable on such Interest Payment Date shall be paid to the Holder of record of the Series 8-3/4% Note on such Regular Record Date.
Right to Require Repurchase. If a Fundamental Change occurs, each Holder shall have the right, at the Holder's option, to require the Company to repurchase, and upon the exercise of such right the Company shall repurchase, for cash some or all of such Holder's Notes not theretofore called for redemption, or any portion of the Original Principal Amount thereof that is equal to U.S. $1,000 or any integral multiple of U.S. $1,000 in excess thereof (provided that no single Note may be repurchased in part unless the portion of the Original Principal Amount of such Note to be outstanding after such repurchase is equal to U.S. $1,000 or integral multiples of U.S. $1,000 in excess thereof). The Company shall offer a payment (the "REPURCHASE PRICE") equal to 100% of the Accreted Principal Amount of the Notes to be repurchased plus any accrued and unpaid interest (including Deferred Interest and Liquidated Damages, if any) to but excluding the Repurchase Date, unless such Repurchase Date falls after a Regular Record Date and on or prior to the corresponding Interest Payment Date, in which case the Company will pay the full amount of accrued and unpaid interest (including Liquidated Damages, if any, but excluding any Deferred Interest) payable on such Interest Payment Date to the holder of record at the close of business on the corresponding Regular Record Date, but any accrued Deferred Interest shall be paid to the Holder tendering Notes for repurchase. Whenever in this Indenture there is a reference, in any context, to the Accreted Principal Amount of any Note as of any time, such reference shall be deemed to include reference to the Repurchase Price payable in respect of such Note to the extent that such Repurchase Price is, was or would be so payable at such time, and express mention of the Repurchase Price in any provision of this Indenture shall not be construed as excluding the Repurchase Price in those provisions of this Indenture when such express mention is not made.
Right to Require Repurchase. Any or all of the provisions of this Article X shall be applicable to the Securities of any series for which such provision or provisions are designated as applicable pursuant to the terms of Section 2.3. In addition, it shall be established prior to the issuance of any series of Securities, pursuant to Section 2.3, whether any right or rights other than or in addition to those specified below shall be applicable to such series. Provisions of this Article X not designated, pursuant to Section 2.3, as applying to a particular series of Securities shall have no force and effect as to the Securities of such series. In each provision of this Article X, unless the context otherwise requires, all references to Securities and any other defined terms refer only to a single series of Securities for which such provision has been designated, pursuant to Section 2.3, as being applicable.
Right to Require Repurchase. Each Holder shall have the right, at the Holder's option, to require the Company to repurchase and upon the exercise of such right the Company shall repurchase, all of such Holder's Securities, or any portion of the principal amount thereof that is equal to U.S.$1,000 or any greater integral multiple of U.S.$1,000, on April 29, 2003 (the "Put Right Date") at a purchase price equal to 108.50% of the principal amount of the Securities to be repurchased (the "Put Right Price"). Whenever in the Indenture (including Sections 2.2, 3.1, 5.1(1) and 5.8 thereof) there is a reference to the principal of any Security as of any time, such reference shall be deemed to include reference to the Put Right Price payable in respect of such Security to the extent that such Put Right Price is, was or would be so payable at such time; provided, however, that the foregoing shall not apply to any reference to the principal of any Security that concerns the determination of the amount of interest due or owing under such Security. If any of the foregoing provisions or other provisions of this Article Two are inconsistent with applicable law, including without limitation Rule 13e-4 or Regulation 14E promulgated under the Exchange Act, such law shall govern.
Right to Require Repurchase. . . . . . . . . . . . . . . . .65 Section 16.2 NOTICES; METHOD OF EXERCISING REPURCHASE RIGHT, ETC. . . . . .65 Section 16.3 CERTAIN DEFINITIONS. . . . . . . . . . . . . . . . . . . . . .67 Section 16.4 REPURCHASE EVENT . . . . . . . . . . . . . . . . . . . . . . .67
Right to Require Repurchase. SECTION 5.01. Purchase of Securities at the Option of Holders upon a Change of Control. (a) Upon the occurrence of a Change of Control Triggering Event, the Corporation shall notify the Trustee in writing of such occurrence within 30 days thereafter and shall make an offer to purchase (the “Change of Control Offer”), and each Holder of Securities shall have the right to require the Corporation to purchase, all or any part (equal to US $1,000 or an integral multiple thereof) of each Holder’s Securities at a purchase price equal to 101% of the principal amount thereof, plus accrued and unpaid interest thereon, if any, to the Change of Control Payment Date (as hereinafter defined) (subject to the right of Holders of record on the relevant Record Date to receive interest due on the relevant Interest Payment Date) (the “Change of Control Payment”) in accordance with the procedures set forth in this Section 5.01. (b) Within 30 days following any Change of Control Triggering Event with respect to the Securities, the Corporation shall (i) cause a notice of the Change of Control Offer to be sent at least once to the Dow Jones News Service or similar business news service in the United States and (ii) mail a notice to each Holder of Securities stating: