Common use of Retirement of Notes Clause in Contracts

Retirement of Notes. The Obligors shall not, and shall not permit any of their 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 or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors or any of their Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement.

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their 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, 4B or 4B 4C or upon acceleration of such final maturity pursuant to paragraph 7A8A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement., except as provided in paragraph 4D.

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their 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 or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor or the Company, such Subsidiary or such 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement., except as provided in paragraph 4C.

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their 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 Section 5.1 or upon acceleration of such final maturity pursuant to paragraph 7ASection 8.1), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Restructuring Agreement.

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their its Subsidiaries or Affiliates to, prepay or otherwise retire in whole or in part prior to their stated installment or final maturity maturities (other than by prepayment pursuant to paragraph 4A or 4B or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement., except as provided in paragraph 4D.

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their its Subsidiaries or any other Affiliates to, prepay or otherwise retire in whole or in part prior to their stated final maturity (other than by prepayment pursuant to paragraph paragraphs 4A or 4B 4B, or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or other Affiliates shall not be deemed to be outstanding for any purpose under this Agreement., except as provided in paragraph 4D.

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their 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 or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement, EXCEPT as expressly provided in this paragraph 4.

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their 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 paragraphs 4A or 4B or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, any Notes held by of any holder Series unless such Obligor 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 the Notes of such Series held by each other holder of Notes of such Series at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement., except as provided in paragraph 4D.

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their its Subsidiaries or Affiliates to, prepay or otherwise retire or acquire in whole or in part prior to their stated final maturity (other than by prepayment pursuant to paragraph 4A to, paragraphs 4A, 4B or 4B 4C or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquirepurchase, directly or indirectly, Notes held by any holder unless such Obligor the Company or such Subsidiary or Affiliate shall have offered to prepay or otherwise acquire, retire or purchase or otherwise acquirepurchase, as the case may be, the same proportion of the aggregate principal amount of Notes held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise acquired, retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement.

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their 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 paragraphs 2(a) or 4B 2(b) or upon acceleration of such final maturity pursuant to paragraph 7A7), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors or any of their Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement.

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their 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 in accordance with paragraphs 4A or and 4B or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement., except as provided in paragraph 4D.

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their its Subsidiaries or Affiliates to, prepay or otherwise retire in whole or in part prior to their stated final maturity (other than by a prepayment pursuant to paragraph 4A or 4B or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement., except as provided in pxxxxxxxx 0X.

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their 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 paragraphs 4A or 4B or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement., except as provided in paragraph 4D."

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their 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, 4B or 4B 4D or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement, except as expressly provided in this paragraph 4.

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their 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, 4B, 4D or 4B 4G or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement, except as expressly provided in this paragraph 4.

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their 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 or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement., except as provided in paragraph 4D. ------

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their 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 or upon acceleration of such final maturity pursuant to paragraph 7A8A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement.be

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their its Subsidiaries or Affiliates to, prepay or otherwise retire in whole or in part prior to their stated final maturity (other than by a prepayment pursuant to paragraph 4A or 4B or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement., except as provided in xxxxxxxxx 0X.

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their 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 or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement., except as provided in paragraph 4A.

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their 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 or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement., except as provided in paragraph 4D.

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their the Subsidiaries or their 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 Paragraph 4A, 4B or 4B 4D or upon acceleration of such final maturity pursuant to paragraph Paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor the Company, its Subsidiaries or such Subsidiary or Affiliate its Affiliates 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement.

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their 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 paragraphs 4A or 4B or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement., except as provided in paragraph 4D.

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their its Subsidiaries or Affiliates to, prepay or otherwise retire in whole or in part prior to their stated final maturity maturities (other than by prepayment pursuant to paragraph 4A 4A, 4E or 4B 4F or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement.

Retirement of Notes. The Obligors Company shall not, not and shall not permit any of their 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 in accordance with paragraphs 4A or 4B or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, acquire directly or indirectly, Notes any Series Note held by any holder unless such Obligor 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 Series Notes held by each other holder of such Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement., except as provided in xxxxxxxxx 0X.

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their 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 or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement., except as provided in Paragraph 4D.

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their its Subsidiaries or Affiliates to, prepay or otherwise retire in whole or in part prior to their stated final maturity (other than (i) by prepayment pursuant to paragraph 4A or 4B or (ii) upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement., except as provided in paragraph 4D.

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their 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 paragraphs 4A or 4B 4D or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the 4 time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement., except as provided in paragraph 4E."

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their 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 in accordance with paragraphs 4A or and 4B or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement., except as provided in paraxxxxx 0X.

Retirement of Notes. The Obligors Company shall not, and shall not permit any of their 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, 4B, 4C, 4F or 4B 4G or upon acceleration of such final maturity pursuant to paragraph 7A8A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless such Obligor 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 held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Obligors Company or any of their its Subsidiaries or Affiliates shall not be deemed to be outstanding for any purpose under this Agreement.