Common use of Section 1 G Clause in Contracts

Section 1 G. 1. will not apply if the transaction that constitutes a “change in control” 30 consists solely of a corporate form restructuring that creates a parent holding company of 31 the Company, whose shareholders and Board of Directors at the closing of the transaction 32 are substantially the same as the shareholders and Board of Directors of the Company 34 transaction during the Company’s Chapter 11 reorganization or to a plan of 35 reorganization resulting in emergence from Chapter 11.

Section 1 G. 1. will not apply if the transaction that constitutes a “change in control” 30 19 consists solely of a corporate form restructuring that creates a parent holding company of 31 20 the Company, whose shareholders and Board of Directors at the closing of the transaction 32 21 are substantially the same as the shareholders and Board of Directors of the Company 34 23 transaction during the Company’s Chapter 11 reorganization or to a plan of 35 24 reorganization resulting in emergence from Chapter 11.

Section 1 G. 1. will not apply if the transaction that constitutes a “change in control” 30 28 consists solely of a corporate form restructuring that creates a parent holding company of 31 29 the Company, whose shareholders and Board of Directors at the closing of the transaction 32 30 are substantially the same as the shareholders and Board of Directors of the Company 34 32 transaction during the Company’s Chapter 11 reorganization or to a plan of 35 33 reorganization resulting in emergence from Chapter 11.

Section 1 G. 1. will not apply if the transaction that constitutes a “change in control” 30 42 consists solely of a corporate form restructuring that creates a parent holding company of 31 43 the Company, whose shareholders and Board of Directors at the closing of the transaction 32 44 are substantially the same as the shareholders and Board of Directors of the Company 34 transaction during the Company’s Chapter 11 reorganization or to a plan of 35 reorganization resulting in emergence from Chapter 11.