Common use of No Acquisition of Notes Clause in Contracts

No Acquisition of Notes. The Company shall not, and shall not permit any of its Subsidiaries or Affiliates to, prepay or otherwise retire in whole or in part prior to their stated final maturity (other than by prepayment pursuant to paragraph 4A or 4B, upon acceptance of an offer to prepay pursuant to paragraph 4E, or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes of any Series held by any holder unless the Company or such Subsidiary or Affiliate shall have offered to prepay or otherwise retire or purchase or otherwise acquire, as the case may be, the same proportion of the aggregate principal amount of Notes of such Series held by each other holder of Notes of such Series at the time outstanding upon the same terms and conditions; provided that the Company may offer to purchase Notes of only a given Series (as opposed to an offer to purchase all, or a pro rata portion of all, Notes at the time outstanding) under this paragraph 4F only to the extent no Default or Event of Default shall exist or would result from such purchase. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Company or any of its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement.

No Acquisition of Notes. The Company shall not, and shall not permit any of its Subsidiaries or Affiliates to, prepay or otherwise retire in whole or in part prior to their stated final maturity (other than by prepayment pursuant to paragraph 4A 4B or 4B, upon acceptance of an offer to prepay pursuant to paragraph 4E, 4E or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes of any Series held by any holder unless the Company or such Subsidiary or Affiliate shall have offered to prepay or otherwise retire or purchase or otherwise acquire, as the case may be, the same proportion of the aggregate principal amount of Exhibit 10.4 EXECUTION VERSION Notes of such Series held by each other holder of Notes of such Series at the time outstanding upon the same terms and conditions; provided provided, however, that the Company may offer to purchase Notes of only a given Series (as opposed to an offer to purchase all, or a pro rata portion of all, Notes if at the time outstandingof such offer and after giving effect thereto, a Default under paragraph 7A(ii) under this paragraph 4F only to the extent no Default or any Event of Default shall exist be in existence, then the Notes of such Series shall not be prepaid or would result from such purchaseotherwise retired or purchased or otherwise acquired unless the Company makes an offer pursuant to this paragraph 4F to the holders of Notes of each Series on a pro rata basis in accordance with the respective outstanding principal amounts thereof. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Company or any of its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement.

No Acquisition of Notes. The Company No Transaction Party shall not, and no Transaction Party shall not permit any of its Subsidiaries or Affiliates to, prepay or otherwise retire in whole or in part prior to their stated final maturity (other than by prepayment pursuant to paragraph 4A 4A(1), 4A(2) or 4B, upon acceptance of an offer to prepay pursuant to paragraph 4E, or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes of any Series held by any holder unless (i) the Company such Transaction Party or such Subsidiary or Affiliate shall have offered to prepay or otherwise retire or purchase or otherwise acquire, as the case may be, the same proportion of the aggregate principal amount of Notes of such Series held by each other holder of the Notes of such Series at the time outstanding upon the same terms and conditions; provided that the Company may offer to purchase Notes of only a given Series conditions and (as opposed to an offer to purchase all, or a pro rata portion of all, Notes ii) at the time outstanding) under this paragraph 4F only to the extent of such prepayment or other retirement or purchase or other acquisition, and after giving effect thereto, no Default or Event of Default shall exist or would result from such purchasebe in existence. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Company any Transaction Party or any of its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement.

No Acquisition of Notes. The Company shall not, and shall not permit any of its Subsidiaries or Affiliates to, prepay or otherwise retire in whole or in part prior to their stated final maturity Final Maturity Date (other than by prepayment pursuant to paragraph 4A or 4B, paragraph 4B or upon acceptance of an offer to prepay pursuant to paragraph 4E, 4E or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes of any Series held by any holder unless the Company or such Subsidiary or Affiliate shall have offered to prepay or otherwise retire or purchase or otherwise acquire, as the case may be, the same proportion of the aggregate principal amount of Notes of such Series held by each other holder of Notes of such Series at the time outstanding upon the same terms and conditions; provided provided, however, that the Company may offer to purchase Notes of only a given Series (as opposed to an offer to purchase all, or a pro rata portion of all, Notes if at the time outstandingof such offer and after giving effect thereto, a Default under paragraph 7A(ii) under this paragraph 4F only to the extent no Default or any Event of Default shall exist be in existence, then the Notes of such Series shall not be prepaid or would result from such purchaseotherwise retired or purchased or otherwise acquired unless the Company makes an offer pursuant to this paragraph 4F to the holders of Notes of each Series on a pro rata basis in accordance with the respective outstanding principal amounts thereof. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Company or any of its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement.