Common use of Number of New Holders Clause in Contracts

Number of New Holders. (1) It is not reasonably likely that as of September 23, 2014 and as of the Effective Date, the Senior Notes and Promissory Notes are held of record by 300 or more Persons and (2) it is not reasonably likely that, following the consummation of the transactions contemplated by this Agreement and the Plan, either the shares of New Common Stock or the New Warrants will be held of record by 300 or more Persons (whether such shares of New Common Stock or New Warrants are acquired pursuant to this Agreement, the Rights Offering, the Plan, the Management Incentive Plan or otherwise). For purposes of this Agreement, “held of record” shall have the meaning specified in Rule 12g5-1 under the Exchange Act.

Number of New Holders. (1) It is not reasonably likely that as of September 23, 2014 the date hereof and as of the Effective Date, the Senior Notes and Promissory Notes are held of record by 300 or more Persons and (2) it is not reasonably likely that, following the consummation of the transactions contemplated by this Agreement and the Plan, either the shares of New Common Stock or the New Warrants will be held of record by 300 or more Persons (whether such shares of New Common Stock or New Warrants are acquired pursuant to this Agreement, the Rights Offering, the Plan, the Management Incentive Plan or otherwise). For purposes of this Agreement, “held of record” shall have the meaning specified in Rule 12g5-1 under the Exchange Act.

Number of New Holders. (1) It is not reasonably likely that as of September 23, 2014 and as of the Effective Date, the Senior Notes and Promissory Notes are held of record by 300 or more Persons and (2) it is not reasonably likely that, following the consummation of the transactions contemplated by this Agreement and the Plan, either the shares of New Common Stock Units or the New Warrants will be held of record by 300 or more Persons (whether such shares of New Common Stock Units or New Warrants are acquired pursuant to this Agreement, the Rights Offering, the Plan, the Management Incentive Plan or otherwise). For purposes of this Agreement, “held of record” shall have the meaning specified in Rule 12g5-1 under the Exchange Act.