Common use of An Exchange Offer Registration Statement pursuant to Section Clause in Contracts

An Exchange Offer Registration Statement pursuant to Section. 2(a) hereof or a Shelf Registration Statement pursuant to Section 2(b) hereof will not be deemed to have become effective unless it has been declared effective by the SEC; provided, however, that, if, after it has been declared effective, the offering of Registrable Notes pursuant to a Shelf Registration Statement is interfered with by any stop order, injunction or other order or requirement of the SEC or any other governmental agency or court, such Registration Statement will be deemed not to have become effective during the period of such interference until the offering of Registrable Notes pursuant to such Registration Statement may legally resume. As provided for in the Indenture, from and after the date that is 270 days after the Closing Date, the interest rate on each subclass of Notes will be increased by 0.50% per annum until the completion of an Exchange Offer or the date a Shelf Registration Statement is declared effective by the SEC, whereupon the interest rate on each subclass of Notes will permanently decrease to the applicable interest rate provided for such subclass of Note.

An Exchange Offer Registration Statement pursuant to Section. 2(a) hereof or a Shelf Registration Statement pursuant to Section 2(b) hereof will not be deemed to have become effective unless it has been declared effective by the SEC; provided, however, that, if, after it has been declared effective, the offering of Registrable Notes pursuant to a Shelf Registration Statement is interfered with by any stop order, injunction or other order or requirement of the SEC or any other governmental agency or court, such Registration Statement will be deemed not to have become effective during the period of such interference until the offering of Registrable Notes pursuant to such Registration Statement may legally resume. As provided for in In the Indentureevent the Exchange Offer is not consummated and the Shelf Registration Statement is not declared effective on or prior to October 15, from and after the date that is 270 days after the Closing Date2001, the Company shall pay liquidated damages to the Holders of the Registrable Notes (in addition to the accrual of interest (or original issue discount) otherwise due on the 13% Notes), at a rate on each subclass of Notes will be increased by 0.500.5% per annum semi-annually, with accrual commencing October 15, 2001, and payment commencing January 15, 2002, until the completion of an Exchange Offer is consummated or the date a Shelf Registration Statement is declared effective by the SEC, whereupon the interest rate on each subclass of Notes will permanently decrease to the applicable interest rate provided for such subclass of Note.

An Exchange Offer Registration Statement pursuant to Section. 2(a) hereof or a Shelf Registration Statement pursuant to Section 2(b) hereof will not be deemed to have become effective unless it has been declared effective by the SEC; provided, however, that, if, after it has been declared effective, the offering of Registrable Notes Securities pursuant to a Shelf Registration Statement is interfered with by any stop order, injunction or other order or requirement of the SEC or any other governmental agency or court, such Registration Statement will be deemed not to have become effective during the period of such interference until the offering of Registrable Notes Securities pursuant to such Registration Statement may legally resume. As provided for in the Indenture, from and after in the date event that the Exchange Offer is 270 days after the Closing Datenot consummated and, if a Shelf Registration Statement is required hereby, the Shelf Registration Statement is not declared effective on or prior to April 22, 1998, the annual interest rate on each subclass of Notes the Securities will be increased increase by 0.50.5% per annum until the completion of an date the Exchange Offer is consummated or the date a Shelf Registration Statement is declared effective by the SEC, whereupon the interest rate on each subclass of Notes will permanently decrease to the applicable interest rate provided for such subclass of Noteeffective.