Common use of Offer for Debentures Clause in Contracts

Offer for Debentures. Subject to Sections 3.1 and 3.2, if an Offer for all of the outstanding Debentures (other than Debentures held by or on behalf of the Offeror or an Affiliate or Associate of the Offeror or any person acting jointly or in concert with the Offeror) is made and: (a) within the time provided in the Offer for its acceptance or within 60 days after the date the Offer is made, whichever period is the shorter, the Offer is accepted by holders of Debentures representing at least 90% of the outstanding principal amount of the Debentures of such series, other than the Offeror’s Debentures; (b) the Offeror is bound to take up and pay for, or has taken up and paid for the Debentures of such series of the Debentureholders who accepted the Offer; and (c) the Offeror complies with Sections 10.3 and 10.5; the Offeror is entitled to acquire, and the Dissenting Debentureholders are required to sell to the Offeror, the Debentures of such series held by the Dissenting Debentureholder for the same consideration per Debenture payable or paid, as the case may be, under the Offer.

Offer for Debentures. Subject to Sections 3.1 and 3.2the Investor Rights Agreement, if an Offer for all of the outstanding Debentures (other than Debentures held by or on behalf of the Offeror or an Affiliate or Associate of the Offeror or any person acting jointly or in concert with the Offeror) is made and: (a) within the time provided in the Offer for its acceptance or within 60 days after the date the Offer is made, whichever period is the shorter, the Offer is accepted by holders of Debentures representing at least 90% of the outstanding principal amount of the Debentures of such series, other than the Offeror’s Debentures; (b) the Offeror is bound to take up and pay for, or has taken up and paid for the Debentures of such series of the Debentureholders who accepted the Offer; and (c) the Offeror complies with Sections 10.3 and 10.5; the Offeror is entitled to acquire, and the Dissenting Debentureholders are required to sell to the Offeror, the Debentures of such series held by the Dissenting Debentureholder for the same consideration per Debenture payable or paid, as the case may be, under the Offer. The Trustee has no duty or responsibility with regards to the Investor Rights Agreement.

Offer for Debentures. Subject to Sections 3.1 and 3.2the Investor Rights Agreement, if an Offer for all of the outstanding Debentures (other than Debentures held by or on behalf of the Offeror or an Affiliate or Associate of the Offeror or any person acting jointly or in concert with the Offeror) is made and: (a) within the time provided in the Offer for its acceptance or within 60 days after the date the Offer is made, whichever period is the shorter, the Offer is accepted by holders of Debentures representing at least 90% of the outstanding principal amount of the Debentures of such series, other than the Offeror’s 's Debentures; (b) the Offeror is bound to take up and pay for, or has taken up and paid for the Debentures of such series of the Debentureholders who accepted the Offer; and (c) the Offeror complies with Sections 10.3 and 10.5; the Offeror is entitled to acquire, and the Dissenting Debentureholders are required to sell to the Offeror, the Debentures of such series held by the Dissenting Debentureholder for the same consideration per Debenture payable or paid, as the case may be, under the Offer. The Trustee has no duty or responsibility with regards to the Investor Rights Agreement.

Offer for Debentures. Subject to Sections 3.1 and 3.2the Investor Rights Agreements, if an Offer for all of the outstanding Debentures (other than Debentures held by or on behalf of the Offeror or an Affiliate or Associate of the Offeror or any person acting jointly or in concert with the Offeror) is made and: (a) within the time provided in the Offer for its acceptance or within 60 days after the date the Offer is made, whichever period is the shorter, the Offer is accepted by holders of Debentures representing at least 90% of the outstanding principal amount of the Debentures of such series, other than the Offeror’s Debentures; (b) the Offeror is bound to take up and pay for, or has taken up and paid for the Debentures of such series of the Debentureholders who accepted the Offer; and (c) the Offeror complies with Sections 10.3 and 10.5; the Offeror is entitled to acquire, and the Dissenting Debentureholders are required to sell to the Offeror, the Debentures of such series held by the Dissenting Debentureholder for the same consideration per Debenture payable or paid, as the case may be, under the Offer. The Trustee has no duty or responsibility with regards to the Investor Rights Agreements.