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 (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. 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 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").

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").

Expiration of Certain Provisions. The provisions contained in Sections 45, 5 6 and 6 7 of this Agreement and the portion of any other provision of this Agreement which incorporates the provisions of Sections 45, 5 6 and 67, shall terminate and be of no further force or effect with respect to any shares of Restricted Stock sold by the Purchaser Participant (i) pursuant to an effective registration statement filed by the Company pursuant to Section 10 11 hereof or (ii) pursuant to the terms of the Sale Participation Agreement of even date herewith, among the Purchaser Participant and KKR 1996 Fund Strata Associates, L.P. 9 The provisions contained in Sections 2(e), 3, 4, 5, 6 and 13 7 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 KKR Partners and Strata Associates (as such terms are defined in the Sale Participation Agreement), 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 shares sale, or (ii) if the resulting entity of such merger, reorganization, business combination, liquidation or stock shares 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.