Common use of New Common Stock Clause in Contracts

New Common Stock. Lessor and Tenant acknowledge that, ---------------- pursuant to the Bankruptcy Plan, on or about the Effective Date Lessor and/or its designee(s) is receiving certain New Common Stock (as defined in the Bankruptcy Plan). Lessor and Tenant acknowledge and agree that (a) such New Common Stock is being received by Lessor and/or its designee(s) as additional rent in consideration of the agreement of Lessor, and the lessors under the other Leases, to enter into the Leases and thereby agree to charge Base Rent as provided in this Lease and the other Leases, (b) such additional rent is being paid on or about the Effective Date by the delivery of such New Common Stock to Lessor or its designee(s), (c) such additional rent is non-refundable by Lessor, and (d) the delivery of such New Common Stock to Lessor or its designee(s) does not reduce the amount of Base Rent due and payable hereunder and under the other Leases.

New Common Stock. Lessor and Tenant acknowledge that, pursuant ---------------- pursuant to the Bankruptcy Plan, on or about the Effective Date Lessor and/or its designee(s) is receiving certain New Common Stock (as defined in the Bankruptcy Plan). Lessor and Tenant acknowledge and agree that (a) such New Common Stock is being received by Lessor and/or its designee(s) as additional rent in consideration of the agreement of Lessor, and the lessors under the other Leases, to enter into the Leases and thereby agree to charge Base Rent as provided in this Lease and the other Leases, (b) such additional rent is being paid on or about the Effective Date by the delivery of such New Common Stock to Lessor or its designee(s), (c) such additional rent is non-refundable by Lessor, and (d) the delivery of such New Common Stock to Lessor or its designee(s) does not reduce the amount of Base Rent due and payable hereunder and under the other Leases.

New Common Stock. Lessor and Tenant acknowledge that, ---------------- pursuant to the Bankruptcy Plan, on or about the Effective Date Lessor and/or its designee(s) is receiving certain New Common Stock (as defined in the Bankruptcy Plan). Lessor and Tenant acknowledge and agree that (a) such New Common Stock is being received by Lessor and/or its designee(s) as additional rent in consideration of the agreement of Lessor, and the lessors under the other Leases, to enter into the Leases and thereby agree to charge Base Rent as provided in this Lease and the other Leases, (b) such additional rent is being paid on or about the Effective Date by the delivery of such New Common Stock to Lessor or its designee(s), (c) such additional rent is non-refundable by Lessor, and (d) the delivery of such New Common Stock to Lessor or its designee(s) does not reduce the amount of Base Rent due and payable hereunder and under the other Leases.