Common use of Change in Nature of Transaction Clause in Contracts

Change in Nature of Transaction. (a) In the event that: (i) the Company, with the agreement of Purchaser, determines in its good faith judgment that it is necessary or desirable to proceed with an alternative transaction structure, including, without limitation, a takeover bid or asset purchase, in conjunction with or instead of the Plan; (ii) such alternative transaction provides the same, or better, financial treatment to all affected parties and the financial implications (including tax) for the Consenting Securityholder are the same or better and the alternative transaction is on terms that are not more adverse than those contained in the Arrangement Agreement; and (iii) such alternative transaction is initiated on or before November 30, 2010 (as described in each of the foregoing clauses (i), (ii) and (iii), a “Revised Transaction”), the Consenting Securityholder shall support the completion of the Revised Transaction in the same manner and to the same extent that it has agreed to support the Transaction and the Plan under this Agreement.