I did some homework for you but the bond indenture would spell it out fully and I do not know where or how to get that. Basically, a "fundamental change" requires them to offer bondholders the opportunity to mature the notes early. Fundamental change does not include liquidation or a variety of highly leveraged transactions, reorganizations, mergers and similar transactions.
What I dont understand is if a regular buyout (full un-hostile takeover) is also not included in the definition of fundamental change? I think it also can't be included which means the company buying them out would assume the liability until maturity. If it is a "fundamental change" then bondholders would just get what DNDN can pay them (very little) just before the takeover is complete and the company taking over does not have the liability of the bond offering.
Here is the wording in the prospectus, but if anyone can get the indenture that would explain all.
"If a fundamental change occurs, we will be required to offer to repurchase the notes and, in certain circumstances, to increase the conversion rate applicable to the notes. However, the definition of “fundamental change” is limited and does not include all events that could adversely affect the trading price of the notes.
The term “fundamental change” is limited and does not include every event that might cause the trading price of the notes to decline. In particular, the definition of “fundamental change” in the indenture governing the notes will not include our liquidation or a variety of highly leveraged transactions, reorganizations, mergers and similar transactions, many of which could substantially affect our capital structure, such as by increasing our leverage and interest expense, and/or our ability to make payments on the notes, each of which could adversely affect the trading price of the notes. In addition, the definition of “fundamental change” in the indenture governing the notes will not include a variety of transactions or events that could change the trading characteristics of our common stock and adversely impact the trading price of the notes. See “Description of notes—Fundamental change permits holders to require us to repurchase notes.”