Common use of RIGHT TO PURCHASE NEW SUBORDINATED DEBT Clause in Contracts

RIGHT TO PURCHASE NEW SUBORDINATED DEBT. Prior to issuing any Subordinated Debt of the Company or any of its Subsidiaries to any Person after the date hereof (other than any such Subordinated Debt issued to a seller in connection with an acquisition by the Company or any of its Subsidiaries involving such seller), the Company will give, or cause such Subsidiary to give, to each holder of any Note or Notes the right to purchase, on the same terms and subject to the same conditions, the same proportion of the Subordinated Debt proposed to be sold by the Company or such Subsidiary as the original principal amount of the Notes and LTHI Notes held by each such holder bears to the aggregate principal amount of Subordinated Debt outstanding at that time. Any such right of purchase shall be exercisable for a period of thirty (30) days after all of the holders have received written notice of a proposed issuance of Subordinated Debt (and any such notice by the Company or any Subsidiary shall be given not less than thirty (30) nor more than ninety (90) days prior to any such issuance). The Company shall be entitled to sell to any Person any Subordinated Debt not purchased by the holders of the Notes pursuant to this Section 3.01: (i) during the period ending six (6) months after the date of the Company's or its Subsidiary's notice to such holders and (ii) at not less than the same price and upon terms not materially less favorable to the Company or its Subsidiary than those offered to the holders of the Notes, but may not otherwise sell such Subordinated Debt without renewed compliance with this Section 3.01.

RIGHT TO PURCHASE NEW SUBORDINATED DEBT. Prior to issuing any Subordinated Debt of the Company or any of its Subsidiaries to any Person after the date hereof (other than any such Subordinated Debt issued to a seller in connection with an acquisition by the Company or any of its Subsidiaries involving such seller), the Company will first give, or cause such Subsidiary to give, to each holder of any Note or Notes the right to purchase, on the same terms and subject to the same conditions, the same proportion of the Subordinated Debt proposed to be sold by the Company or such Subsidiary as the original principal amount of the Notes and LTHI Notes held by each such holder bears to the aggregate principal amount of Subordinated Debt outstanding at that time. Any such right of purchase shall be exercisable for a period of thirty (30) days after all of the holders have received written notice of a proposed issuance of Subordinated Debt (and any such notice by the Company or any Subsidiary shall be given not less than thirty (30) nor more than ninety (90) days prior to any such issuance). The Company shall be entitled to sell to any Person any Subordinated Debt not purchased by the holders of the Notes pursuant to this Section 3.013.08: (i) during the period ending six (6) months after the date of the Company's or its Subsidiary's notice to such holders and (ii) at not less than the same price and upon terms not materially less favorable to the Company or its Subsidiary than those offered to the holders of the Notes, but may not otherwise sell such Subordinated Debt without renewed compliance with this Section 3.01.

RIGHT TO PURCHASE NEW SUBORDINATED DEBT. Prior to issuing any Subordinated Debt of the Company or any of its Subsidiaries to any Person after the date hereof (other than any such Subordinated Debt issued to a seller in connection with an acquisition by any member of the Company or any of its Subsidiaries Consolidated Group involving such seller), the Company will give, or cause such Subsidiary to give, to each holder of any Note or Notes the right to purchase, on the same terms and subject to the same conditions, the same proportion of the Subordinated Debt proposed to be sold by the Company or such Subsidiary as the original principal amount of the Notes and LTHI the LTHBV Notes held by each such holder bears to the aggregate principal amount of Subordinated Debt outstanding at that time. Any such right of purchase shall be exercisable for a period of thirty (30) days after all of the holders have received written notice of a proposed issuance of Subordinated Debt (and any such notice by the Company or any Subsidiary shall be given not less than thirty (30) nor more than ninety (90) days prior to any such issuance). The Company shall be entitled to sell to any Person any Subordinated Debt not purchased by the holders of the Notes pursuant to this Section 3.013.03: (i) during the period ending six (6) months after the date of the Company's or its Subsidiary's notice to such holders and (ii) at not less than the same price and upon terms not materially less favorable to the Company or its Subsidiary than those offered to the holders of the Notes, but may not otherwise sell such Subordinated Debt without renewed compliance with this Section 3.013.03.

RIGHT TO PURCHASE NEW SUBORDINATED DEBT. Prior to issuing any Subordinated Debt of the Company or any of its Subsidiaries to any Person after the date hereof (other than any such Subordinated Debt issued to a seller in connection with an acquisition by any member of the Company or any of its Subsidiaries Consolidated Group involving such seller), the Company will first give, or cause such Subsidiary to give, to each holder of any Note or Notes the right to purchase, on the same terms and subject to the same conditions, the same proportion of the Subordinated Debt proposed to be sold by the Company or such Subsidiary as the original principal amount of the Notes and LTHI Notes held by each such holder bears to the aggregate principal amount of Subordinated Debt outstanding at that time. Any such right of purchase shall be exercisable for a period of thirty (30) days after all of the holders have received written notice of a proposed issuance of Subordinated Debt (and any such notice by the Company or any Subsidiary shall be given not less than thirty (30) nor more than ninety (90) days prior to any such issuance). The Company shall be entitled to sell to any Person any Subordinated Debt not purchased by the holders of the Notes pursuant to this Section 3.013.08: (i) during the period ending six (6) months after the date of the Company's or its Subsidiary's notice to such holders and (ii) at not less than the same price and upon terms not materially less favorable to the Company or its Subsidiary than those offered to the holders of the Notes, but may not otherwise sell such Subordinated Debt without renewed compliance with this Section 3.013.03.