Common use of Exercise of Call Option Clause in Contracts

Exercise of Call Option. Each Optionee, at its option and in its sole discretion, may at any time and from time to time after the first anniversary of the issuance of the New Senior Notes, exercise the Notes Option, in whole or in part, by delivering in writing to Evermore or an Evermore Affiliate that holds New Senior Notes (a “Seller”) a notice (an “Exercise Notice”) stating that such Optionee is exercising its Notes Option, which Exercise Notice shall set forth the aggregate principal amount of the Evermore Notes for which the Notes Option is being exercised. However, without Evermore’s prior written consent, at no time shall an Optionee exercise its Notes Option:

Exercise of Call Option. Each Optionee, at its option and in its sole discretion, may at any time and from time to time after the first anniversary of the issuance of the New Senior Notes, exercise the Notes Option, in whole or in part, by delivering in writing to Evermore or an Evermore Affiliate that holds New Senior Notes Oxxx Xxxxxxxx (a “Seller”) a notice (an “Exercise Notice”) stating that such Optionee is exercising its Notes Option, which Exercise Notice shall set forth the aggregate principal amount of the Evermore Oxxx Xxxxxxxx Notes for which the Notes Option is being exercised. However, without Evermore’s Oxxx Xxxxxxxx’x prior written consent, at no time shall an Optionee exercise its Notes Option: