Common use of Expiration of Certain Provisions Clause in Contracts

Expiration of Certain Provisions. The provisions contained in Sections 4, 5 and 6 of this Agreement and the portion of any other provision of this Agreement which incorporates the provisions of Sections 4, 5 and 6, shall terminate and be of no further force or effect with respect to any shares of Stock sold by the Purchaser (i) pursuant to an effective registration statement filed by the Company pursuant to Section 10 hereof or (ii) pursuant to the terms of the Sale Participation Agreement of even date herewith, among the Purchaser and KKR 1996 Fund L.P. The provisions contained in Sections 2(e), 3, 4, 5, 6 and 13 of this Agreement, and the portion of any other provisions of this Agreement which incorporate the provisions of such Sections, shall terminate and be of no further force or effect upon (A) the consummation of a merger, reorganization, business combination or liquidation of the Company, or a sale of Common Stock owned by other investors, but only if such merger, reorganization, business combination, liquidation or sale of Common Stock results in KKR 1996 Fund L.P., or any affiliate thereof (collectively, the "KKR Affiliates"), no longer having the power (i) to elect a majority of the Board of Directors of the Company or such other corporation which succeeds to the Company's rights and obligations pursuant to such merger, reorganization, business combination, liquidation or stock sale, or (ii) if the resulting entity of such merger, reorganization, business combination, liquidation or stock sale is not a corporation, to select the general partner(s) or other persons or entities controlling the operations and business of the resulting entity or (B) a sale of all or substantially all of the assets of the Company (other than in connection with financing transactions, sale and leaseback transactions and similar transactions) to a person who is not a KKR Affiliate.

Expiration of Certain Provisions. The provisions contained in Sections 4, 5 and 6 of this Agreement and the portion of any other provision of this Agreement which incorporates the provisions of Sections 4, 5 and 6, shall terminate and be of no further force or effect with respect to any shares of Stock sold by the Purchaser Optionee (i) pursuant to an effective registration statement filed by the Company pursuant to Section 10 hereof or (ii) pursuant to the terms of the Sale Participation Agreement of even date herewith, among the Purchaser Optionee and KKR 1996 Fund Strata Associates L.P. The provisions contained in Sections 2(e), 3, 4, 5, 6 and 13 of this Agreement, and the portion of any other provisions of this Agreement which incorporate the provisions of such Sections, shall terminate and be of no further force or effect upon (A) the consummation of a merger, reorganization, business combination or liquidation of the Company, or a sale of Common Stock owned by other investorsthe Investors, but only if such merger, reorganization, business combination, liquidation or sale of Common Stock results in KKR 1996 Fund L.P.Strata Associates, L.P. (through its ownership of Spalding Holdings Corporation) or any affiliate thereof (collectively, the "KKR Affiliates"), no longer having the power (i) to elect a majority of the Board of Directors of the Company or such other corporation which succeeds to the Company's rights and obligations pursuant to such merger, reorganization, business combination, liquidation or stock sale, or (ii) if the resulting entity of such merger, reorganization, business combination, liquidation or stock sale is not a corporation, to select the general partner(s) or other persons or entities controlling the operations and business of the resulting entity or (B) a sale of all or substantially all of the assets of the Company company (other than in connection with financing transactions, sale and leaseback transactions and similar transactions) to a person who is not a KKR Affiliate.

Expiration of Certain Provisions. The provisions contained in Sections 4, 5 and 6 of this Agreement and the portion of any other provision of this Agreement which incorporates the provisions of Sections 4, 5 and 6, shall terminate and be of no further force or effect with respect to any shares of Stock sold by the Purchaser (i) pursuant to an effective registration statement filed by the Company pursuant to Section 10 hereof or (ii) pursuant to the terms of the Sale Participation Agreement of even date herewith, among the Purchaser and KKR 1996 Fund Strata Associates, L.P. The provisions contained in Sections 2(e), 3, 4, 5, 6 and 13 of this Agreement, and the portion of any other provisions of this Agreement which incorporate the provisions of such Sections, shall terminate and be of no further force or effect upon (A) the consummation of a merger, reorganization, business combination or liquidation of the Company, or a sale of Common Stock owned by other investorsthe Investors, but only if such merger, reorganization, business combination, liquidation or sale of Common Stock results in KKR 1996 Fund L.P.Strata Associates, L.P. or any affiliate thereof (collectively, the "KKR Affiliates")thereof, no longer having the power (i) to elect a majority of the Board of Directors of the Company or such other corporation which succeeds to the Company's rights and obligations pursuant to such merger, reorganization, business combination, liquidation or stock sale, or (ii) if the resulting entity of such merger, reorganization, business combination, liquidation or stock sale is not a corporation, to select the general partner(s) or other persons or entities controlling the operations and business of the resulting entity or (B) a sale of all or substantially all of the assets of the Company (other than in connection with financing transactions, sale and leaseback transactions and similar transactions) to a person who is not a KKR Affiliateentity.

Expiration of Certain Provisions. The provisions contained in Sections 4, 5 and 6 of this Agreement and the portion of any other provision of this Agreement which incorporates the provisions of Sections 4, 5 and 6, shall terminate and be of no further force or effect with respect to any shares of Stock sold by the Purchaser (i) pursuant to an effective registration statement filed by the Company pursuant to Section 10 hereof or (ii) pursuant to the terms of the Sale Participation Agreement of even date herewith, among the Purchaser and KKR 1996 Fund Strata Associates L.P. The provisions contained in Sections 2(e), 3, 4, 5, 6 and 13 of this Agreement, and the portion of any other provisions of this Agreement which incorporate the provisions of such Sections, shall terminate and be of no further force or effect upon (A) the consummation of a merger, reorganization, business combination or liquidation of the Company, or a sale of Common Stock owned by other investorsthe Investors, but only if such merger, reorganization, business combination, liquidation or sale of Common Stock results in KKR 1996 Fund L.P.Strata Associates, L.P. or any affiliate thereof (collectively, the "KKR Affiliates"), no longer having the power (i) to elect a majority of the Board of Directors of the Company or such other corporation which succeeds to the Company's rights and obligations pursuant to such merger, reorganization, business combination, liquidation or stock sale, or (ii) if the resulting entity of such merger, reorganization, business combination, liquidation or stock sale is not a corporation, to select the general partner(s) or other persons or entities controlling the operations and business of the resulting entity or (B) a sale of all or substantially all of the assets of the Company company (other than in connection with financing transactions, sale and leaseback transactions and similar transactions) to a person who is not a KKR Affiliate.

Expiration of Certain Provisions. (a) The provisions contained in Sections 4, 5 and 6 of this Agreement Section 4 and the portion of any other provision of this Agreement which incorporates the provisions of Sections Section 4, 5 and 6, shall terminate and be of no further force or effect with respect to any shares of Stock Shares sold by the Purchaser (i) Investors pursuant to an effective registration statement filed by the Company pursuant to Section 10 hereof or Company. (iib) pursuant to the terms of the Sale Participation Agreement of even date herewith, among the Purchaser and KKR 1996 Fund L.P. The provisions contained in Sections 2(e), 3, 4, 5, 6 4 and 13 9 of this Agreement, and the portion of any other provisions of this Agreement which incorporate the provisions of such Sections, shall terminate and be of no further force or effect upon (Ax) in the case of Sections 3, 4 and 9 only, the closing of the Company's first Public Offering and (y) in the case of Sections 2(e), 3 and 4, the consummation of a merger, reorganization, business combination or liquidation of the Company, or a sale of Common Stock owned by other investorsthe KKR Investors, but only if such merger, reorganization, business combination, liquidation or sale of Common Stock results in the KKR 1996 Fund L.P.Investors and the affiliates of the KKR Investors and the transferees of the KKR Investors who are partners, executives or any affiliate thereof (collectively, the "employees of KKR Affiliates"), no longer having the power power, collectively, (i) to elect a majority of the Board of Directors of the Company or such other corporation which succeeds to the Company's rights and obligations pursuant to such merger, reorganization, business combination, liquidation or stock sale, or (ii) if the resulting entity of such merger, reorganization, business combination, liquidation or stock sale is not a corporation, to select the general partner(s), trustee(s) or other comparable persons or entities controlling the operations and business of the resulting entity or (B) a sale of all or substantially all of the assets of the Company (other than in connection with financing transactions, sale and leaseback transactions and similar transactions) to a person who is not a KKR Affiliateentity.

Expiration of Certain Provisions. The provisions contained in ---------------------------------- Sections 4, 5 and 6 of this Agreement and the portion of any other provision of this Agreement which incorporates the provisions of Sections 4, 5 and 6, shall terminate and be of no further force or effect with respect to any shares of Stock sold by the Purchaser (i) pursuant to an effective registration statement filed by the Company pursuant to Section 10 hereof or (ii) pursuant to the terms of the Sale Participation Agreement of even date herewith, among between the Purchaser and KKR 1996 Fund L.P. the Parent. The provisions contained in Sections Section 2(e), 3, 4, 5, 6 and 13 of this Agreement, and the portion of any other provisions of this Agreement which incorporate the provisions of such Sections, shall terminate and be of no further force or effect upon (A) the consummation of a merger, reorganization, business combination or liquidation of the Company, or a sale of Common Stock owned by the Parent or other investorstransaction, but only if such merger, reorganization, business combination, liquidation or liquidation, sale of Common Stock or other transaction results in KKR 1996 Fund L.P.Associates, a New York limited partnership, Parent or any affiliate thereof (collectively, the "KKR Affiliates")of either of them, no longer having the power (i) to elect a majority of the Board of Directors of the Company or such other corporation which succeeds to the Company's rights and obligations pursuant to such merger, reorganization, business combination, liquidation or stock sale, or (ii) if the resulting entity of such merger, reorganization, business combination, liquidation or stock sale is not a corporation, to select the general partner(s) or other persons or entities controlling the operations and business of the resulting entity or (B) a sale "Change of all or substantially all of the assets of the Company (other than in connection with financing transactions, sale and leaseback transactions and similar transactions) to a person who is not a KKR AffiliateControl").