Common use of Waiver of Rights Offering Participation Clause in Contracts

Waiver of Rights Offering Participation. If the Subscription Agent for any reason does not receive from an Offeree (other than the Investors) both a timely and duly completed Ballot (or subscription form, if applicable), and timely payment deposited in the Rights Offering Escrow Account for the Rights Offering Notes being purchased by such Offeree, the Plan shall provide that, unless otherwise approved by the Company and the Requisite Investors, such Offeree shall be deemed to have relinquished and waived its right to participate in the Rights Offering.

Waiver of Rights Offering Participation. If the Subscription Agent for any reason does not receive from an Eligible Offeree (other than the Investors) both a timely and duly completed Ballot (or subscription form, if applicable)/ Offering Form, and timely payment deposited in the Rights Offering Escrow Account for the Rights Offering Notes being purchased elected to be exercised by such Eligible Offeree, the Plan Approval Order shall provide that, unless otherwise approved by the Company and the Requisite Investors, such Eligible Offeree shall be deemed to have relinquished and waived its right to participate in the Rights Offering.. (e)

Waiver of Rights Offering Participation. If the Subscription Agent for any reason does not receive from an Eligible Offeree (other than the Investors) both a timely and duly completed Ballot (or subscription form, if applicable)/ Offering Form, and timely payment deposited in the Rights Offering Escrow Account for the Rights Offering Notes being purchased elected to be exercised by such Eligible Offeree, the Plan Approval Order shall provide that, unless otherwise approved by the Company and the Requisite Investors, such Eligible Offeree shall be deemed to have relinquished and waived its right to participate in the Rights Offering.