Common use of Number of New Holders Clause in Contracts

Number of New Holders. The Requisite Investors shall be reasonably satisfied that following the consummation of the transactions contemplated by the Plan and this Agreement, (A) shares of New Common Stock and (B) the New Warrants, will each not be “held of record” within the meaning of Rule 12g5-1 under the Exchange Act 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).

Number of New Holders. The Requisite Investors shall be are reasonably satisfied that following the consummation of the transactions contemplated by the Plan and this Agreement, (A) shares of New Common Stock and (B) the New Warrants, will each not be “held of record” within the meaning of Rule 12g5-1 under the Exchange Act 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).

Number of New Holders. The Requisite Investors shall be reasonably satisfied that following the consummation of the transactions contemplated by the Plan and this Agreement, (A) shares of New Common Stock Units and (B) the New Warrants, will each not be “held of record” within the meaning of Rule 12g5-1 under the Exchange Act 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).