Common use of Compelled Disposition Clause in Contracts

Compelled Disposition. We acknowledge and agree that: (i) if any representation that we made hereunder is subsequently shown to be false or misleading or our beneficial ownership otherwise causes a violation of the 25% Limitation, the Issuer (or the Collateral Manager on behalf of the Issuer) shall, promptly after such discovery or upon notice to the Issuer from the Trustee (if a trust officer of the Trustee obtains actual knowledge, in which case the Trustee agrees to notify the Issuer of such discovery), send notice to us demanding that we transfer all or any portion of our Subject Securities (or our interests therein) to a person that is not a Non-Permitted ERISA Holder within 10 days after the date of such notice; (ii) if we fail to so transfer our Subject Securities (or our interests therein), the Issuer shall have the right, without further notice to us, to sell our Subject Securities or our interests therein to a purchaser selected by the Issuer that is not a Non-Permitted ERISA Holder on such terms as the Issuer may choose; (iii) the Issuer, or the Collateral Manager on behalf of the Issuer, may, but is not required to, select the purchaser by soliciting one or more bids from one or more brokers or other market professionals that regularly deal in securities similar to the Subject Securities and selling our Subject Securities (or our interests therein) to the highest such bidder; (iv) by our acceptance of the Subject Securities (or any interest therein), we agree to cooperate with the Issuer and the Trustee to effect such transfers; (v) the proceeds of such sale, net of any commissions, expenses and taxes due in connection with such sale shall be remitted to us; and

Compelled Disposition. We acknowledge and agree that: : (i) if any representation that we made hereunder is subsequently shown to be false or misleading or our beneficial ownership otherwise causes a violation of the 25% Limitation, the Issuer (or the Collateral Manager on behalf of the Issuer) shall, promptly after such discovery or upon notice to the Issuer from the Trustee (if a trust officer Trust Officer of the Trustee obtains actual knowledge, in which case the Trustee agrees to notify the Issuer of such discovery), send notice to us demanding that we transfer all or any portion of our Subject Securities (or our interests therein) to a person that is not a Non-Permitted ERISA Holder within 10 days after the date of such notice; ; (ii) if we fail to so transfer our Subject Securities (or our interests therein), the Issuer shall have the right, without further notice to us, to sell our Subject Securities or our interests therein to a purchaser selected by the Issuer that is not a Non-Permitted ERISA Holder on such terms as the Issuer may choose; ; (iii) the Issuer, or the Collateral Manager on behalf of the Issuer, may, but is not required to, select the purchaser by soliciting one or more bids from one or more brokers or other market professionals that regularly deal in securities similar to the Subject Securities Notes and selling our Subject Securities (or our interests therein) to the highest such bidder; ; (iv) by our acceptance of the Subject Securities (or any interest therein), we agree to cooperate with the Issuer and the Trustee to effect such transfers; ; (v) the proceeds of such sale, net of any commissions, expenses and taxes due in connection with such sale shall be remitted to us; and (vi) the terms and conditions of any sale under this sub-section shall be determined in the sole discretion of the Issuer, and none of the Issuer, the Trustee or the Collateral Manager shall be liable to any Person as a result of any such sale or the exercise of such discretion.

Compelled Disposition. We acknowledge and agree that: : (i) if any representation that we made hereunder is subsequently shown to be false or misleading or our beneficial ownership otherwise causes a violation Benefit Plan Investors to own 25% or more of the 25% Limitationvalue of any class of equity in the Issuer, the Issuer (or the Collateral Manager on behalf of the Issuer) shall, promptly after such discovery (or upon notice to the Issuer from the Indenture Trustee (if a trust responsible officer of the Indenture Trustee obtains actual knowledgemakes the discovery (who, in which case the Trustee each case, agrees to notify the Issuer of such discovery, if any)), send notice to us demanding that we transfer all or any portion of our Subject Securities (or our interests therein) interest to a person that is not a Non-Permitted ERISA Holder within 10 14 days after of the date of such notice; ; (ii) if we fail to so transfer our Subject Securities (or our interests therein)Bonds following such notice, the Issuer shall have the right, without further notice to us, to sell our Subject Securities Bonds or our interests therein interest in the Bonds, to a purchaser selected by the Issuer that is not a Non-Permitted ERISA Holder on such terms as the Issuer may choose; ; (iii) the Issuer, or the Collateral Manager on behalf of the Issuer, may, but is not required to, Issuer may select the purchaser by soliciting one or more bids from one or more brokers or other market professionals that regularly deal in securities similar to the Subject Securities Bonds and selling our Subject Securities (or our interests therein) such securities to the highest such bidder; . However, the Issuer may select a purchaser by any other means determined by it in its sole discretion; (iv) by our acceptance of an interest in the Subject Securities (or any interest therein)Bonds, we agree to cooperate with the Issuer and the Trustee to effect such transfers; ; (v) the proceeds of such sale, net of any commissions, expenses and taxes due in connection with such sale shall be remitted to us; and (vi) the terms and conditions of any sale under this clause shall be determined in the sole discretion of the Issuer, and the Issuer shall not be liable to us, as a result of any such sale or the exercise of such discretion.

Compelled Disposition. We acknowledge and agree that: : (i) if any representation that we made hereunder is subsequently shown to be false or misleading or our beneficial ownership otherwise causes a violation of the 25% LimitationLimitation (a “Non-Permitted ERISA Holder”), the Issuer (or the Collateral Manager on behalf of the Issuer) shall, promptly after such discovery that such Person is a Non-Permitted ERISA Holder or upon notice from the Trustee to the Issuer from (who agrees to notify the Trustee (Issuer of such discovery if a trust officer of the Trustee obtains actual knowledge, in which case the Trustee agrees to notify the Issuer of such discoveryknowledge thereof), send notice to us demanding that we transfer all or any portion of our Subject Securities (or our interests therein) interest to a person that is not a Non-Permitted ERISA Holder within 10 days after the date of such notice; ; (ii) if we fail to so transfer our Subject Securities (or our interests therein)Subordinated Notes, the Issuer shall have the right, without further notice to us, to sell our Subject Securities Subordinated Notes or our interests therein interest in the Subordinated Notes, to a purchaser selected by the Issuer that is not a Non-Permitted ERISA Holder on such terms as the Issuer may choose; ; (iii) the Issuer, or the Collateral Manager on behalf of the Issuer, may, but is not required to, Issuer may select the purchaser by soliciting one or more bids from one or more brokers or other market professionals that regularly deal in securities similar to the Subject Securities Subordinated Notes and selling our Subject Securities (or our interests therein) sell such securities to the highest such bidder; . However, the Issuer may select a purchaser by any other means determined by it in its sole discretion; (iv) by our acceptance of an interest in the Subject Securities (or any interest therein)Subordinated Notes, we agree to cooperate with the Issuer and the Trustee to effect such transfers; ; (v) the proceeds of such sale, net of any commissions, expenses and taxes due in connection with such sale shall be remitted to us; and (vi) the terms and conditions of any sale under this sub-section shall be determined in the sole discretion of the Issuer, and the Issuer, the Trustee and the Collateral Manager shall not be liable to us as a result of any such sale or the exercise of such discretion.

Compelled Disposition. We acknowledge and agree that: : (i) if any representation that we made hereunder is subsequently shown to be false or misleading or our beneficial ownership otherwise causes a violation of the 25% LimitationLimitation (a “Non-Permitted ERISA Holder”), the Issuer (or the Collateral Manager on behalf of the Issuer) shall, promptly after such discovery that such Person is a Non-Permitted ERISA Holder or upon notice from the Collateral Trustee to the Issuer from the Trustee (if a trust officer of the Trustee obtains actual knowledge, in which case the Trustee who agrees to notify the Issuer of such discoverydiscovery if a Trust Officer of the Collateral Trustee obtains actual knowledge thereof), send notice to us demanding that we transfer our all or any portion of our Subject Securities (or our interests therein) Subordinated Notes to a person that is not a Non-Permitted ERISA Holder within 10 days after the date of such notice; ; (ii) if we fail to so transfer our Subject Securities (or our interests therein)Subordinated Notes, the Issuer shall have the right, without further notice to us, to sell our Subject Securities Subordinated Notes or our interests therein interest in the Subordinated Notes, to a purchaser selected by the Issuer that is not a Non-Permitted ERISA Holder on such terms as the Issuer may choose; ; (iii) the Issuer, or the Collateral Manager on behalf of the Issuer, may, but is not required to, Issuer may select the purchaser by soliciting one or more bids from one or more brokers or other market professionals that regularly deal in securities similar to the Subject Securities Subordinated Notes and selling our Subject Securities (or our interests therein) such securities to the highest such bidder; . However, the Issuer may select a purchaser by any other means determined by it in its sole discretion; (iv) by our acceptance of an interest in the Subject Securities (or any interest therein)Subordinated Notes, we agree to cooperate with the Issuer and the Trustee to effect such transfers; ; (v) the proceeds of such sale, net of any commissions, expenses and taxes due in connection with such sale shall be remitted to us; and (vi) the terms and conditions of any sale under this sub-section shall be determined in the sole discretion of the Issuer, and the Issuer, the Collateral Trustee and the Collateral Manager shall not be liable to us as a result of any such sale or the exercise of such discretion.