Common use of Reverse Dutch Auction Repurchases Clause in Contracts

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document, each Borrower may, at any time and from time to time after the latest to occur of (x) the Closing Date and (y) Successful Syndication (as defined in the Fee Letter), conduct reverse Dutch auctions in order to purchase the Term Loans of such Borrower (each, an “Auction” and each such Auction to be managed exclusively by an investment bank of recognized standing selected by the US Borrower following consultation with the Administrative Agent in such capacity, the “Auction Manager”), so long as the following conditions are satisfied:

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Agreement or any other Loan DocumentAgreement, each the Borrower may, and its Subsidiaries may at any time and from time to time after the latest to occur of (x) the Closing Date purchase Term Loans, Incremental Term Loans and (y) Successful Syndication (as defined in the Fee Letter), conduct Refinancing Term Loans by conducting reverse Dutch auctions in order to purchase the Term Loans of such Borrower (each, an “Auction” and ”) (each such Auction to be managed exclusively by an the Administrative Agent or another investment bank of recognized standing selected elected by the US Borrower following consultation with the Administrative Agent in accordance with the Auction Procedures (in such capacity, the “Auction Manager”)), so long as the following conditions are satisfied:

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Agreement or any other Loan Credit Document, each the U.S. Borrower may, at any time and from time to time after the latest later to occur of (x) the Closing Effective Date and (y) Successful the Syndication (as defined in the Fee Letter)Date, conduct reverse Dutch auctions in order to purchase the Term Loans of such Borrower (each, an “Auction” and ”) (each such Auction to be managed exclusively by an MS&Co. or another investment bank of recognized standing selected by the US U.S. Borrower following consultation with the Administrative Agent (in such capacity, the “Auction Manager”)), so long as the following conditions are satisfied:

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Agreement or any other Loan Credit Document, each the Borrower and its Subsidiaries (the “Borrower Parties,” and any one of them, a “Borrower Party”) may, at any time and from time to time after the latest to occur of (x) the Closing Date and (y) Successful Syndication (as defined in the Fee Letter)Date, conduct reverse Dutch auctions in order to purchase the Term Loans of such Borrower (each, an “Auction” and ”) (each such Auction to be managed exclusively by an investment bank of recognized standing selected by the US Borrower following in consultation with the Administrative Agent (in such capacity, the “Auction Manager”)), so long as the following conditions (or, in the case of clause (iv), requirements) are satisfiedsatisfied or waived:

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Credit Agreement or any other Loan Credit Document, each the Borrower may, at any time and from time to time after the latest to occur of (x) the Merger Closing Date, the B-1 Conversion Date and the Syndication Date (for this purpose, determined without regard to clause (y) Successful Syndication (as defined in the Fee Letterthereof), conduct reverse Dutch auctions in order to purchase the Term Loans of such Borrower (each, an “Auction” and ”) (each such Auction to be managed exclusively by an MS&Co. or another investment bank of recognized standing selected by the US Borrower following consultation with the Administrative Agent (in such capacity, the “Auction Manager”)), so long as the following conditions are satisfied:

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document, each Borrower or any Affiliate of Borrower (other than Intermediate Holdings, Parent or any of its other Subsidiaries) may, at any time and from time to time after the latest to occur of (x) the Closing Date and (y) Successful Syndication (as defined in the Fee Letter)Date, conduct reverse Dutch auctions in order to purchase the Term Loans of such Borrower (each, an “Auction” and each such Auction to be managed exclusively by an investment bank of recognized standing selected by the US Borrower or such Affiliate following consultation with the Administrative Agent Agent, in such capacity, the “Auction Manager”), so long as the following conditions are satisfied:

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Agreement or any other Loan Credit Document, each the Borrower may, at any time and from time to time after the latest to occur of (x) the Merger Closing Date, the B-1 Conversion Date and the Syndication Date (for this purpose, determined without regard to clause (y) Successful Syndication (as defined in the Fee Letterthereof), conduct reverse Dutch auctions in order to purchase the Term Loans of such Borrower (each, an “Auction” and ”) (each such Auction to be managed exclusively by an MS&Co. or another investment bank of recognized standing selected by the US Borrower following consultation with the Administrative Agent (in such capacity, the “Auction Manager”)), so long as the following conditions are satisfied:

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Agreement or any other Loan Credit Document, each Holdings and its Subsidiaries (including the Borrower) (any one of them, a “Borrower Party”) may, at any time and from time to time after the latest to occur of (x) the Closing Date and (y) Successful Syndication (as defined in the Fee Letter)Date, conduct reverse Dutch auctions in order to purchase the Term Loans of such Borrower (each, an “Auction” and ”) (each such Auction to be managed exclusively by an investment bank or other financial institution of recognized standing selected by the US Borrower following consultation with the Administrative Agent (in such capacity, the “Auction Manager”)), so long as the following conditions (or, in the case of clause (iv), requirements) are satisfied: