Common use of Acquisition Entirely for Own Account Clause in Contracts

Acquisition Entirely for Own Account. The Holder is acquiring the New Notes for its own account and not with a view to, or for sale in connection with any distribution of the New Notes, but subject, nevertheless, to any requirement of law that the disposition of the Holder’s property shall at all times be within the Holder’s control. The Holder has no present agreement, undertaking, arrangement, obligation or commitment providing for the disposition of the New Notes.

Acquisition Entirely for Own Account. The Holder is acquiring the New Notes for its own account and not with a view totowards, or for sale resale in connection with with, the public sale or distribution thereof, except pursuant to sales registered or exempted under the Securities Act; provided, however that by making the representations herein, the Holder does not agree to hold any distribution of such New Notes for any minimum or other specific term and reserves the right to dispose of such New Notes, but subject, nevertheless, to Notes or the Underlying Common Stock at any requirement of law that the disposition of the Holder’s property shall at all times be within the Holder’s control. The Holder has no present agreement, undertaking, arrangement, obligation or commitment providing for the disposition of the New Notestime.