Common use of Subordinated Debt Investment Clause in Contracts

Subordinated Debt Investment. The Borrower shall provide written notice to the Agent (by confirmed fax to each of the Agent and its legal counsel, Gardere Xxxxx Xxxxxx & Xxxxx, L.L.P., attention: Xx. Xxxx X. Mellencamp (fax no.: 000-000-0000)) of (i) any Change of Control within two (2) Business Days following any such Change of Control, and (ii) any notice received by the Borrower from any holder of a Subordinated Debt Investment exercising any right to require the Borrower to redeem all or any part of a Subordinated Debt Investment within two (2) Business Days of the Borrower's receipt thereof. The Borrower shall not redeem all or any part of the Indebtedness evidenced by the Enron Subordinated Debt Documents as a result of a Change of Control before ten (10) days following the date of a Redemption Notice (as defined in the Enron Subordinated Debt Documents) or if prohibited by the subordination provisions contained therein. The Borrower shall not redeem, pursuant to any optional redemption right it may have, all or any part of a Subordinated Debt Investment before the Maturity Date. The Borrower shall not amend, modify or change in any way any of the Enron Subordinated Debt Documents so as to change the stated maturity date of the principal of such Indebtedness, or any installment of interest thereon, to an earlier date, increase the rate of interest thereon or any premium payable on the redemption thereof, change any of the redemption or subordination provisions thereof (or the definitions of any defined terms contained therein) or otherwise change in any respect materially adverse to the interests of the Lenders any of the terms thereof, in each case, without the consent of the Majority Lenders." (d) Section 7.1 of the Credit Agreement is hereby amended as follows: (i) Section 7.1(k) of the Credit Agreement is hereby amended and restated in its entirety as follows: (k) a Change of Control shall occur or the common stock of the Borrower shall be delisted from the New York Stock Exchange; or"

Subordinated Debt Investment. The Borrower shall provide written notice to the Agent (by confirmed fax to each of the Agent and its legal counsel, Gardere Xxxxx Xxxxxx Portxx & XxxxxXedgxx, L.L.P.X.L.P., attention: Xx. Mr. Xxxx X. Mellencamp Xxxxxxxx (fax no.: 000713-000-0000)) of xf (i) any Change of in Control within two (2) Business Days following any such Change of in Control, and (ii) any notice received by the Borrower from any holder of a Subordinated Debt Investment exercising any right to require the Borrower to redeem all or any part of a Subordinated Debt Investment within two (2) Business Days of the Borrower's receipt thereof. The Borrower shall not redeem all or any part of the Indebtedness evidenced by the Enron Subordinated Debt Documents as a result of a Change of in Control before ten (10) days following the date of a Redemption Notice (as defined in the Enron Subordinated Debt Documents) or if prohibited by the subordination provisions contained therein. The Borrower shall not redeem, pursuant to any optional redemption right it may have, all or any part of a Subordinated Debt Investment before the Maturity Date. The Borrower shall not amend, modify or change in any way any of the Enron Subordinated Debt Documents so as to change the stated maturity date of the principal of such Indebtedness, or any installment of interest thereon, to an earlier date, increase the rate of interest thereon or any premium payable on the redemption thereof, change any of the redemption or subordination provisions thereof (or the definitions of any defined terms contained therein) or otherwise change in any respect materially adverse to the interests of the Lenders any of the terms thereof, in each case, without the consent of the Majority Lenders." (d) Section 7.1 of the Credit Agreement is hereby amended as follows: (i) Section 7.1(k) of the Credit Agreement is hereby amended and restated in its entirety as follows: (k) a Change of Control shall occur or the common stock of the Borrower shall be delisted from the New York Stock Exchange; or"

Subordinated Debt Investment. The Borrower shall provide ---------------------------- written notice to the Agent (by confirmed fax to each of the Agent and its legal counsel, Gardere Xxxxx Xxxxxx & XxxxxXxxxxx, L.L.P., attention: Xx. Xxxx X. Mellencamp Sorensen (fax no.: 000-713- 000-0000)) of (i) any Change of Control within two (2) Business Days following any such Change of Control, and (ii) any notice received by the Borrower from any holder of a Subordinated Debt Investment exercising any right to require the Borrower to redeem all or any part of a Subordinated Debt Investment within two (2) Business Days of the Borrower's receipt thereof. The Borrower shall not redeem all or any part of the Indebtedness evidenced by the Enron Subordinated Debt Documents as a result of a Change of Control before ten (10) days following the date of a Redemption Notice (as defined in the Enron Subordinated Debt Documents) or if prohibited by the subordination provisions contained therein. The Borrower shall not redeem, pursuant to any optional redemption right it may have, all or any part of a Subordinated Debt Investment before the Maturity Date. The Borrower shall not amend, modify or change in any way any of the Enron Subordinated Debt Documents so as to change the stated maturity date of the principal of such Indebtedness, or any installment of interest thereon, to an earlier date, increase the rate of interest thereon or any premium payable on the redemption thereof, change any of the redemption or subordination provisions thereof (or the definitions of any defined terms contained therein) or otherwise change in any respect materially adverse to the interests of the Lenders any of the terms thereof, in each case, without the consent of the Majority Lenders." (d) Section 7.1 of the Credit Agreement is hereby amended as follows: (i) Section 7.1(k) of the Credit Agreement is hereby amended and restated in its entirety as follows: (k) a Change of Control shall occur or the common stock of the Borrower shall be delisted from the New York Stock Exchange; or"

Subordinated Debt Investment. The Borrower shall provide written notice to the Agent (by confirmed fax to each of the Agent and its legal counsel, Gardere Xxxxx Xxxxxxxx Xxxxxxxx & Xxxxxx & Xxxxx, L.L.P.P.C., attention: Xx. Xxxx X. Mellencamp Xxxxxxx Xxxxxxx (fax no.: 000-000-0000)) of (i) any Change of in Control within two (2) Business Days following any such Change of in Control, and (ii) any notice received by the Borrower from any holder of a Subordinated Debt Investment exercising any right to (a) require the Borrower to redeem or (b) in respect of the Convertible Subordinated Notes or 2003 Convertible Subordinated Notes, convert, in either case as applicable, all or any part of a Subordinated Debt Investment within two (2) Business Days of the Borrower's receipt thereof. The Borrower shall not redeem all or any part of the Indebtedness evidenced by the Enron Subordinated Debt Documents as a result of a Change of Control before ten (10) days following the date of a Redemption Notice (as defined in the Enron Subordinated Debt Documents) or if prohibited by the subordination provisions contained therein. The Borrower shall not redeem, pursuant to any optional redemption right it may have, all or any part of a Subordinated Debt Investment before the Maturity Date. The Borrower shall not amend, modify or change in any way any provision of the Enron a Subordinated Debt Documents Investment so as to change the stated maturity date of the principal of such Indebtedness, or any installment of interest thereon, to an earlier date, increase the rate of interest thereon or any premium payable on the redemption thereof, change any of the redemption or subordination provisions thereof (or the definitions of any defined terms contained therein) or otherwise change in any respect materially adverse to the interests of the Lenders any of the terms thereof, in each case, without the consent of the Majority Lenders." (d) Section 7.1 of the Credit Agreement is hereby amended as follows: (i) Section 7.1(k) of the Credit Agreement is hereby amended and restated in its entirety as follows: (k) a Change of Control shall occur or the common stock of the Borrower shall be delisted from the New York Stock Exchange; or"

Subordinated Debt Investment. The Borrower shall provide written notice to the Agent (by confirmed fax to each of the Agent and its legal counsel, Gardere Xxxxx Xxxxxx Portxx & XxxxxXedgxx, L.L.P.X.L.P., attention: Xx. Mr. Xxxx X. Mellencamp Xxxxxxxx (fax no.: 000713-000-0000)) of xf (i) any Change of in Control within two (2) Business Days following any such Change of in Control, and (ii) any notice received by the Borrower from any holder of a Subordinated Debt Investment exercising any right to (a) require the Borrower to redeem or (b) in respect of the Convertible Subordinated Notes, convert, in either case as applicable, all or any part of a Subordinated Debt Investment within two (2) Business Days of the Borrower's receipt thereof. The Borrower shall not redeem all or any part of the Indebtedness evidenced by the Enron Subordinated Debt Documents as a result of a Change of in Control before ten (10) days following the date of a Redemption Notice (as defined in the Enron Subordinated Debt Documents) or if prohibited by the subordination provisions contained therein. The Borrower shall not redeem, pursuant to any optional redemption right it may have, all or any part of a Subordinated Debt Investment before the Maturity Date. The Borrower shall not amend, modify or change in any way any provision of the Enron a Subordinated Debt Documents Investment so as to change the stated maturity date of the principal of such Indebtedness, or any installment of interest thereon, to an earlier date, increase the rate of interest thereon or any premium payable on the redemption thereof, change any of the redemption or subordination provisions thereof (or the definitions of any defined terms contained therein) or otherwise change in any respect materially adverse to the interests of the Lenders any of the terms thereof, in each case, without the consent of the Majority Lenders." (d) Section 7.1 of the Credit Agreement is hereby amended as follows: (i) Section 7.1(k) of the Credit Agreement is hereby amended and restated in its entirety as follows: (k) a Change of Control shall occur or the common stock of the Borrower shall be delisted from the New York Stock Exchange; or"

Subordinated Debt Investment. The Borrower shall provide written notice to the Agent (by confirmed fax to each of the Agent and its legal counsel, Gardere Xxxxx Xxxxxx & Xxxxx, L.L.P., attention: Xx. Xxxx X. Mellencamp (fax no.: 000-000-0000)) of (i) any Change of Control within two (2) Business Days following any such Change of Control, and (ii) any notice received by the Borrower from any holder of a Subordinated Debt Investment exercising any right to require the Borrower to redeem all or any part of a Subordinated Debt Investment within two (2) Business Days of the Borrower's receipt thereof. The Borrower shall not redeem all or any part of the Indebtedness evidenced by the Enron Subordinated Debt Documents as a result of a Change of Control before ten (10) days following the date of a Redemption Notice (as defined in the Enron Subordinated Debt Documents) or if prohibited by the subordination provisions contained therein. The Borrower shall not redeem, pursuant to any optional redemption right it may have, all or any part of a Subordinated Debt Investment before the Maturity Date. The Borrower shall not amend, modify or change in any way any of the Enron Subordinated Debt Documents so as to change the stated maturity date of the principal of such Indebtedness, or any installment of interest thereon, to an earlier date, increase the rate of interest thereon or any premium payable on the redemption thereof, change any of the redemption or subordination provisions thereof (or the definitions of any defined terms contained therein) or otherwise change in any respect materially adverse to the interests of the Lenders any of the terms thereof, in each case, without the consent of the Majority Lenders." (d) Section 7.1 of the Credit Agreement is hereby amended as follows: (i) Section 7.1(k) of the Credit Agreement is hereby amended and restated in its entirety as follows: (k) a Change of Control shall occur or the common stock of the Borrower shall be delisted from the New York Stock Exchange; or"