Common use of Offer to Purchase upon Change of Control Clause in Contracts

Offer to Purchase upon Change of Control. (a) Upon the occurrence of a Change of Control (the date of each such occurrence, a "Change of Control Date"), the Company shall notify the Holders (by mail and publication) in the manner described in Section 10.01 of the Indenture of such occurrence and shall make to all of the Holders an offer to purchase (a "Change of Control Offer") for cash, on a Business Day (a "Change of Control Payment Date") not later than 60 days following the Change of Control Date, all of such Holder's 10-Year Notes then outstanding at a purchase price (the "Change of Control Purchase Price") equal to 101% of the principal amount thereof plus accrued and unpaid interest, if any, to the Change of Control Payment Date. The Company will not be required to make a Change of Control Offer following a Change of Control if (i) a third party makes a Change of Control Offer that would be in compliance with the provisions described in this paragraph if it were made by the Company and (ii) such third party has purchased all the 10-Year Notes validly tendered and not withdrawn pursuant to such Change of Control Offer.

Offer to Purchase upon Change of Control. (a) Upon the occurrence of a Change of Control (the date of each such occurrence, a "Change of Control Date"), the Company shall notify the Holders (by mail and publication) in the manner described in Section 10.01 of the Indenture of such occurrence and shall make to all of the Holders an offer to purchase (a "Change of Control Offer") for cash, on a Business Day (a "Change of Control Payment Date") not later than 60 days following the Change of Control Date, all of such Holder's 10Step-Year Up Notes then outstanding at a purchase price (the "Change of Control Purchase Price") equal to 101% of the principal amount thereof plus accrued and unpaid interest, if any, to the Change of Control Payment Date. The Company will not be required to make a Change of Control Offer following a Change of Control if (i) a third party makes a Change of Control Offer that would be in compliance with the provisions described in this paragraph if it were made by the Company and (ii) such third party has purchased all the 10Step-Year Up Notes validly tendered and not withdrawn pursuant to such Change of Control Offer.