Common use of Exchange Offer Minimum Tender Condition Clause in Contracts

Exchange Offer Minimum Tender Condition. The Company may not consummate the Exchange Offer unless holders of at least eighty-seven and 1/2 percent (87.5%) of the aggregate principal amount of the Existing Notes then outstanding shall have validly tendered and not withdrawn their Existing Notes in the Exchange Offer (the “Minimum Tender Condition”), provided that, subject to Section 4, such condition may be modified by the Company with the written consent of Noteholder.

Exchange Offer Minimum Tender Condition. The Company may not consummate the Exchange Offer or the Proposed Amendments unless holders of at least eightyninety-seven and 1/2 three percent (87.593%) of the aggregate principal amount of the Existing Notes then outstanding shall have (a) validly tendered and not withdrawn their Existing Notes in the Exchange Offer and (b) consent to the “Minimum Tender Condition”)Proposed Amendments, provided that, subject to Section 4, such condition conditions may be modified by the Company with the written consent of Noteholderthe Required Noteholders or if and as necessary in order to comply with applicable law.