Common use of FORM OF REPURCHASE NOTICE Clause in Contracts

FORM OF REPURCHASE NOTICE. Notice of repurchase under Section 10.01 shall be given by the Indenture Trustee by facsimile, overnight courier or by first-class mail, postage prepaid, transmitted or mailed prior to the applicable Repurchase Date to each Holder of Notes and to each Hedge Counterparty, as of the close of business on the Record Date preceding the applicable Repurchase Date, at such Holder’s address appearing in the Note Register. All notices of repurchase shall state: (i) the Repurchase Date; (ii) the Repurchase Price; (iii) that the Record Date otherwise applicable to such Repurchase Date is not applicable and that payments shall be made only upon presentation and surrender of such Notes and the place where such Notes are to be surrendered for payment of the Repurchase Price (which shall be the office or agency of the Issuer to be maintained as provided in Section 3.02); and (iv) that interest on the Notes shall cease to accrue on the Repurchase Date. Notice of repurchase of the Notes shall be given by the Indenture Trustee in the name and at the expense of the Issuer. Failure to give notice of repurchase, or any defect therein, to any Holder of any Note shall not impair or affect the validity of the repurchase of any other Note.