Additional Interest Under Certain Circumstances. (a) Additional interest (the “Additional Interest”) with respect to the Initial Securities shall be assessed as follows if any of the following events occur (each such event in clauses (i) through (iv) below a “Registration Default”):
Additional Interest Under Certain Circumstances. (a) Additional interest (the "ADDITIONAL INTEREST") with respect to the Transfer Restricted Securities shall be assessed as follows if any of the following events occur (each such event in clauses (i) through (iv) below being herein called a "REGISTRATION DEFAULT"):
Additional Interest Under Certain Circumstances. (a) The Company shall pay additional interest (the “Additional Interest”) to the Holders of New Notes that are Registrable Securities as follows if any of the following events occur (each such event in clauses (i) through (iv) below a “Registration Default”) (i) the Resale Shelf Registration Statement is not filed with the Commission within 90 days after the Plan Effective Date; (ii) the Resale Shelf Registration Statement has not been declared effective by the Commission within 180 days after the Plan Effective Date; (iii) the Resale Shelf Registration Statement is declared effective by the Commission but (A) the Resale Shelf Registration Statement thereafter ceases to be effective or (B) the Resale Shelf Registration Statement or the related Prospectus ceases to be usable in connection with resales of Registrable Securities because (1) any event occurs as a result of which the Prospectus forming part of such Resale Shelf Registration Statement would include any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein in the light of the circumstances under which they were made not misleading, (2) it shall be necessary to amend such Resale Shelf Registration Statement or supplement the related Prospectus, to comply with the Securities Act or the Exchange Act or the respective rules thereunder or (3) such Resale Shelf Registration Statement has expired before a replacement Resale Shelf Registration Statement has become effective; or (iv) the aggregate duration of the Suspension Period in any period exceeds the number of days permitted in respect of such period pursuant to Section 1(d) hereof. Each of the foregoing will constitute a Registration Default whatever the reason for any such event and whether it is voluntary or involuntary or is beyond the control of the Company or pursuant to operation of law or as a result of any action or inaction by the Commission. The Company shall pay Additional Interest to the Holders of the New Notes that are Registrable Securities over and above the interest set forth in the title of the New Notes from and including the date on which any such Registration Default shall occur to but excluding the date on which all such Registration Defaults have been cured. Additional Interest will be paid in PIK Notes or cash, as provided in Section 5(c) below, and will accrue at a rate of 0.1% (one tenth of one percent) of the principal amount of such New Notes per month (the “Addit...
Additional Interest Under Certain Circumstances. (a) Additional interest at a rate of 0.5% per annum of the principal amount of the Notes (the "Additional Interest") shall be assessed as follows:
Additional Interest Under Certain Circumstances. (i) Additional interest (the "Additional Interest") with respect to the Initial Notes will accrue as follows if any of the following events occurs (each event identified in clause (A), (B) or (C) below, a "Failure to Register"):
Additional Interest Under Certain Circumstances. The Company, the Purchasers and each Holder of Transfer Restricted Securities agree by acquisition of such Securities that the Holders of Transfer Restricted Securities will suffer damages if a Registration Default (as defined below) occurs and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company, the Purchasers and each Holder of Transfer Restricted Securities agree that the following additional interest provisions shall constitute liquidated damages in the event of a “Registration Default” (as defined below) and shall constitute the sole remedy of the Purchasers and each Holder of Transfer Restricted Securities for any Registration Defaults.
Additional Interest Under Certain Circumstances. (a) If any Transfer Restricted Securities other than Exchange Securities remain outstanding on the date falling 400 days after the Issue Date, additional interest (the “Additional Interest”) with respect to the Initial Securities or the Exchange Securities, as applicable, shall be assessed as follows if any of the following events occur (each such event in clauses (i) through (vi) below a “Registration Default”):
Additional Interest Under Certain Circumstances. (a) The Company shall pay additional interest (the "Additional Interest") to the holders of Transfer Restricted Securities as follows if any of the following events occur (each such event in clauses (i) through (iii) below a "Registration Default"):
Additional Interest Under Certain Circumstances. (a) Additional interest (the "ADDITIONAL INTEREST") with respect to the Notes (except with respect to (iii) below, which such Additional Interest shall only apply to the Notes held by the affected Holder(s)) shall be assessed as follows if any of the following events occur (each such event in clauses (i) through (v) below being herein called a "REGISTRATION DEFAULT"):
Additional Interest Under Certain Circumstances. (a) Additional interest (the "ADDITIONAL INTEREST") with respect to the Initial Securities shall be assessed as follows if any of the following events occur (each such event in clauses (i) through (iv) below a "REGISTRATION DEFAULT":