Acceptance of Notes with respect to each Offer is subject to proration if such Offer is oversubscribed. If any Notes are purchased in an Offer, Notes tendered at or prior to the applicable Early Tender Time will be accepted for purchase in priority to other Notes tendered in the same Offer after the applicable Early Tender Time. Accordingly, if the First Tranche Dutch Auction Tender Cap, Second Tranche Dutch Auction Tender Cap or the Waterfall Tender Cap is reached in respect of tenders made at or prior to the applicable Early Tender Time, no First Tranche Dutch Auction Notes, Second Tranche Dutch Auction Notes or Waterfall Notes, respectively, that are tendered after the applicable Early Tender Time will be accepted for purchase.
Following the applicable Early Tender Time and prior to the applicable Expiration Time, the Offeror may, but is not obligated, with respect to any Offer, elect to accept the Notes validly tendered at or prior to the applicable Early Tender Time, provided that all conditions to such Offer have been satisfied or waived by the Offeror and settle such Notes at such time or promptly thereafter (such date of settlement with respect to an Offer, the “Early Settlement Date”). The “Final Settlement Date” with respect to an Offer is the date that the Offeror settles all Notes not previously settled on the applicable Early Settlement Date, if any, and the Offeror expects such date to be one business day following the applicable Expiration Time. The Early Settlement Date is expected to be March 26, 2013, and the Final Settlement Date is expected to be April 4, 2013, in each case subject to change without notice. The Offeror refers to each of the Early Settlement Date and the Final Settlement Date as a “Settlement Date.”
Capitalized terms used in this press release and not defined herein have the meanings given to them in the Offer to Purchase.
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