Common use of Purchase and Delivery of Shares Clause in Contracts

Purchase and Delivery of Shares. A. The Purchaser and White River hereby acknowledge and agree that White River has entered into, or contemplates entering into, one or more additional standby purchase agreements ("Standby Purchase Agreements") with certain other parties (collectively with the Purchaser, the "Standby Purchasers") on terms substantially similar to this Agreement, except that they may provide for the purchase of a different Maximum Standby Purchase Commitment and a different Minimum Standby Purchase Commitment (both as defined below). B. Subject to the terms, conditions and limitations of this Agreement and to the availability of Shares after subscriptions made in the Subscription Offering, the Purchaser agrees to purchase from White River, at the subscription price per Share of $10.00 (the "Subscription Price"), up to the number of Shares stated on the signature page of this Agreement, to the extent necessary to provide for full subscription for all Shares offered by White River in the Offering (the "Maximum Standby Purchase Commitment"). C. The minimum shares to be issued by White River to Purchaser shall be determined as follows (in either case, such minimum is referred to herein as the "Minimum Standby Purchase Commitment"). In no event will the Minimum Standby Purchase Commitment exceed the Maximum Standby Purchase Commitment. (i) If the Purchaser is not a Record Date Holder, subject to the terms and conditions at the Closing (as defined below), White River agrees to issue and sell to the Purchaser, and the Purchaser agrees to purchase from White River, at the Subscription Price, a number of Shares equal to the Maximum Standby Purchase Commitment times ___%. (ii) If the Purchaser is a Record Date Holder, subject to the terms and conditions at the Closing (as defined below), White River agrees to issue and sell to the Purchaser, and the Purchaser agrees to purchase from White River, at the Subscription Price, a number of Shares equal to the sum of the Purchaser's Basic Subscription Amount (set forth on the signature page of this Agreement) plus ___% of the amount by which the Purchaser's Maximum Standby Purchase Commitment exceeds Purchaser's Basic Subscription Amount. D. If the number of Shares remaining and not subscribed for after allocations of Shares necessary to satisfy subscriptions made in the Subscription Offering and the Minimum Standby Purchase Commitments of all Standby Purchasers is less than the aggregate Maximum Standby Purchase Commitments of Standby Purchasers, such remaining Shares will be allocated pro rata among Standby Purchasers according to their respective Maximum Standby Purchase Commitments. Subject to the terms and conditions of this Agreement, the Purchaser agrees to purchase such number of Shares as are allocated to the Purchaser pursuant to this Agreement. E. The rights and obligations of the Purchaser and White River under the Agreement are subject to any conditions or minimums described in the Registration Statement.

Purchase and Delivery of Shares. A. The Purchaser and White River the Company hereby acknowledge and agree that White River the Company has entered into, or contemplates entering into, one or more additional standby purchase agreements ("Standby Purchase Agreements") with certain other parties (collectively with the Purchaser, the "Standby Purchasers") on terms substantially similar to this Agreement, except that they may provide for the purchase of a different Maximum Standby Purchase Commitment and a different Minimum Standby Purchase Commitment Right (both as defined below), among other differences. B. Subject to the terms, conditions and limitations of this Agreement and to the availability of Shares after subscriptions made exercise of rights in the Subscription Rights Offering, the Purchaser agrees to purchase from White Riverthe Company, at the subscription price per Share share of $10.00 5.00 (the "Subscription Price"), up to the number of Shares stated on the signature page of this Agreement, to the extent necessary to provide for full subscription for all Shares offered by White River the Company in the Standby Offering (the "Maximum Standby Purchase Commitment"). C. The minimum shares to be issued by White River to Purchaser shall be determined as follows (in either case, such minimum is referred to herein as the "Minimum Standby Purchase Commitment"). In no event will the Minimum Standby Purchase Commitment exceed the Maximum Standby Purchase Commitment. (i) If the Purchaser is not a Record Date Holder, subject Subject to the terms and conditions at the Closing (as defined below), White River the Company agrees to issue and sell to the Purchaser, and the Purchaser agrees to purchase from White Riverthe Company, at the Subscription Price, a number of Shares equal to 4 million shares of Class A common stock times the Maximum Standby Purchase Commitment times ___%. (ii) If the Purchaser is a Record Date Holder, subject to the terms and conditions at the Closing (as defined below), White River agrees to issue and sell to the Purchaser, and the Purchaser agrees to purchase from White River, at the Subscription Price, a number of Shares equal to the sum of the Purchaser's Basic Subscription Amount (set forth on the signature page of this Agreement) plus ___% of the amount by which the percentage that Purchaser's Maximum Standby Purchase Commitment exceeds Purchaser's Basic Subscription Amountrepresents in comparison to the sum of the Maximum Standby Purchase Commitments of all Standby Purchasers (the "Minimum Standby Purchase Right"). D. If In the event that the number of Shares remaining and not subscribed for after allocations the exercise of rights in the Rights Offering and allocation of Shares necessary to satisfy subscriptions made in the Subscription Offering and the Minimum Standby Purchase Commitments Rights of all Standby Purchasers is less than the aggregate Maximum Standby Purchase Commitments of Standby Purchasers, such remaining Shares will be allocated pro rata among Standby Purchasers according to their respective Maximum Standby Purchase Commitments. Subject to the terms and conditions of this Agreement, the Purchaser agrees to purchase such number of Shares as are allocated to the Purchaser pursuant to this Agreement. E. The rights and obligations of the Purchaser and White River the Company under the Agreement are subject to any conditions or minimums described in the Registration Statement.

Purchase and Delivery of Shares. A. The Purchaser and White River the Company hereby acknowledge and agree that White River the Company has entered into, or contemplates entering into, one or more additional standby purchase agreements ("Standby Purchase Agreements") with certain other parties (collectively with the Purchaser, the "Standby Purchasers") on terms substantially similar to this Agreement, except that they may provide for the purchase of a different Maximum Standby Purchase Commitment and a different Minimum Standby Purchase Commitment Right (both as defined below). B. Subject to the terms, conditions and limitations of this Agreement and to the availability of Shares after subscriptions made exercise of rights in the Subscription Rights Offering, the Purchaser agrees to purchase from White Riverthe Company, at the subscription price per Share share of $10.00 ______ (the "Subscription Price"), up to the number of Shares stated on the signature page of this Agreement, to the extent necessary to provide for full subscription for all Shares offered by White River the Company in the Standby Offering (the "Maximum Standby Purchase Commitment"). C. The minimum shares to be issued by White River to Purchaser shall be determined as follows (in either case, such minimum is referred to herein as the "Minimum Standby Purchase Commitment"). In no event will the Minimum Standby Purchase Commitment exceed the Maximum Standby Purchase Commitment. (i) If the Purchaser is not a Record Date Holder, subject Subject to the terms and conditions at the Closing (as defined below), White River the Company agrees to issue and sell to the Purchaser, and the Purchaser agrees to purchase from White Riverthe Company, at the Subscription Price, a number of Shares equal to 4 million shares of Class A common stock times the Maximum Standby Purchase Commitment times ___%. (ii) If the Purchaser is a Record Date Holder, subject to the terms and conditions at the Closing (as defined below), White River agrees to issue and sell to the Purchaser, and the Purchaser agrees to purchase from White River, at the Subscription Price, a number of Shares equal to the sum of the Purchaser's Basic Subscription Amount (set forth on the signature page of this Agreement) plus ___% of the amount by which the percentage that Purchaser's Maximum Standby Purchase Commitment exceeds Purchaser's Basic Subscription Amountrepresents in comparison to the sum of the Maximum Standby Purchase Commitments of all Standby Purchasers (the "Minimum Standby Purchase Right"). In no event will the Minimum Standby Purchase Right exceed the Maximum Standby Purchase Commitment. D. If In the event that the number of Shares remaining and not subscribed for after allocations the exercise of rights in the Rights Offering and allocation of Shares necessary to satisfy subscriptions made in the Subscription Offering and the Minimum Standby Purchase Commitments Rights of all Standby Purchasers is less than the aggregate Maximum Standby Purchase Commitments of Standby Purchasers, such remaining Shares will be allocated pro rata among Standby Purchasers according to their respective Maximum Standby Purchase Commitments. Subject to the terms and conditions of this Agreement, the Purchaser agrees to purchase such number of Shares as are allocated to the Purchaser pursuant to this Agreement. E. The rights and obligations of the Purchaser and White River the Company under the Agreement are subject to any conditions or minimums described in the Registration Statement.