Common use of Deferral Pending Change in Control Clause in Contracts

Deferral Pending Change in Control. The obligation of the Company to prepay Notes pursuant to the offers required by paragraphs (a) and (b) and accepted in accordance with paragraph (d) of this Section 8.3 is subject to the occurrence of the Change of Control in respect of which such offers and acceptances shall have been made. In the event that such Change of Control does not occur on the Proposed Prepayment Date in respect thereof, the prepayment shall be deferred until and shall be made on the date on which such Change of Control occurs. The Company shall keep each holder of Notes reasonably and timely informed of (i) any such deferral of the date of prepayment, (ii) the date on which such Change of Control and the prepayment are expected to occur, and (iii) any determination by the Company that efforts to effect such Change of Control have ceased or been abandoned (in which case the offers and acceptances made pursuant to this Section 8.3 in respect of such Change of Control shall be deemed rescinded). Notwithstanding the foregoing, in the event that the prepayment has not been made within 90 days after such Proposed Prepayment Date by virtue of the deferral provided for in this Section 8.3(f), the Company shall make a new offer to prepay in accordance with paragraph (c) of this Section 8.3.

Deferral Pending Change in Control. The obligation of the Company to prepay Notes pursuant to the offers required by paragraphs (aSection 8.3(c) and (b) and accepted their acceptance in accordance with paragraph (dSection 8.3(d) of this Section 8.3 is subject to the occurrence of the Change of Control in respect of which such offers and acceptances shall have been made. In the event that such Change of Control does not occur on the Proposed Section 8.3 Special Prepayment Date in respect thereof, the prepayment shall be deferred until until, and shall be made on on, the date on which such Change of Control occurs. The Company shall keep each holder of Notes reasonably and timely informed of (i) any such deferral of the date of prepayment, (ii) the date on which such Change of Control and the prepayment are expected to occur, and (iii) any determination by the Company that efforts to effect such Change of Control have ceased or been abandoned (in which case the offers and acceptances made Oaktree Capital Management, L.P. Note and Guaranty Agreement pursuant to this Section 8.3 in respect of such Change of Control shall be deemed rescinded). Notwithstanding the foregoing, in In the event that such Change of Control does not occur on the prepayment has not been made within 90 days after such Proposed Section 8.3 Special Prepayment Date by virtue of the deferral provided for in this Section 8.3(f)or within one hundred eighty (180) days thereafter, the Company Obligors shall make not permit any Change of Control to occur unless it delivers a new offer Section 8.3 Notice and Offer to prepay in accordance Prepay and otherwise complies anew with paragraph (c) the provisions of this Section 8.3.

Deferral Pending Change in Control. The obligation of the Company to prepay Notes pursuant to the offers required by paragraphs subparagraph (a) and (bc) and accepted in accordance with paragraph subparagraph (d) of this Section 8.3 is subject to the occurrence of the Change of in Control in respect of which such offers and acceptances shall have been made. In the event that such Change of in Control does has not occur occurred on the Proposed Prepayment Date in respect thereof, the prepayment shall be deferred until until, and shall be made on on, the date on which such Change of in Control occurs. The To the extent reasonably practicable, the Company shall keep each holder of Notes reasonably and timely informed of (i) any such deferral of the date of prepayment, (ii) the date on which such Change of in Control and the prepayment are expected to occur, and (iii) any determination by the Company that efforts to effect such Change of in Control have ceased or been abandoned (in which case the offers and acceptances made pursuant to this Section 8.3 in respect of such Change of in Control shall be deemed rescinded). Notwithstanding the foregoing, in the event that the prepayment has not been made within 90 days after such Proposed Prepayment Date by virtue of the deferral provided for in this Section 8.3(f), the Company shall make a new offer to prepay in accordance with paragraph (c) of this Section 8.3.

Deferral Pending Change in Control. The obligation of the Company to prepay Notes pursuant to the offers required by paragraphs (aSection 8.3(c) and (b) and accepted their acceptance in accordance with paragraph (d18 Oaktree Capital Management, L.P. Note and Guaranty Agreement Section 8.3(d) of this Section 8.3 is subject to the occurrence of the Change of Control in respect of which such offers and acceptances shall have been made. In the event that such Change of Control does not occur on the Proposed Section 8.3 Special Prepayment Date in respect thereof, the prepayment shall be deferred until until, and shall be made on on, the date on which such Change of Control occurs. The Company shall keep each holder of Notes reasonably and timely informed of (i) any such deferral of the date of prepayment, (ii) the date on which such Change of Control and the prepayment are expected to occur, and (iii) any determination by the Company that efforts to effect such Change of Control have ceased or been abandoned (in which case the offers and acceptances made pursuant to this Section 8.3 in respect of such Change of Control shall be deemed rescinded). Notwithstanding the foregoing, in In the event that such Change of Control does not occur on the prepayment has not been made within 90 days after such Proposed Section 8.3 Special Prepayment Date by virtue of the deferral provided for in this Section 8.3(f)or within one hundred eighty (180) days thereafter, the Company Obligors shall make not permit any Change of Control to occur unless it delivers a new offer Section 8.3 Notice and Offer to prepay in accordance Prepay and otherwise complies anew with paragraph (c) the provisions of this Section 8.3.

Deferral Pending Change in Control. The obligation of the Company to prepay Notes pursuant to the offers required by paragraphs (a) and (b) and accepted in accordance with paragraph (d) of this Section 8.3 is subject to the occurrence of the Change of Control in respect of which such offers and acceptances shall have been made. In the event that such Change of in Control does not occur on the Proposed Prepayment Date in respect thereof, the prepayment shall be deferred until and shall be made on the date on which such Change of in Control occurs. The Company shall keep each holder of Notes reasonably and timely informed of (i) any such deferral of the date of prepayment, (ii) the date on which such Change of in Control and the prepayment are expected to occur, and (iii) any determination by the Company that efforts to effect such Change of in Control have ceased or been abandoned (in which case the offers and acceptances made pursuant to this Section 8.3 8.7 in respect of such Change of in Control shall be deemed rescinded). Notwithstanding the foregoing, in the event that the prepayment has not been made within 90 days after such Proposed Prepayment Date by virtue of the deferral provided for in this Section 8.3(f8.7(f), the Company shall make a new offer to prepay in accordance with paragraph (c) of this Section 8.3.8.7. Xxxxxx Co., Inc. Second Amendment